Tripoli based Libyan Prime Minister, Abd Alhamid Aldabaiba, mocked the request by the Speaker of the House of Representatives (HoR), Ageela Saleh, to open the door for candidacy for a new Unity Government.
Aldabaiba said “Instead of opening the door for candidacy for the tenth time in an imaginary path that only resulted in confirming the intention to prolong the transitional period. It would have been better for Ageela Saleh to take a national (statesman-like ) position to end the state of parallel spending (by the Eastern-based government) that exhausted public finances, and burdened the citizen with heavy damage, and to open the door to truth, and cancel this suspicious silence, and ask the deferred question that pursues him from his moral and customary responsibility before the parliamentary, which is, “Where are his absent deputies of his compatriots?” (seen as a reference to missing MPs Siham Sergewa and Ibrahim Drissi).
This follows the Speaker of the House of Representatives, Ageela Saleh, claiming that the international community welcomes the formation of a new unified government. He stressed that the formation of the unified government is one of the priorities of the stage, as the HoR decided to assign its Advisory Committee to prepare the legal response to the Presidency Council’s Decrees.
Speaking on 3 May, Saleh said the House of Representatives is arbitrarily accused of seeking to remain and continue as a legislative authority (prolong the transitional phase), even though the HoR has fulfilled all the obligations and responsibilities entrusted to it in accordance with the Constitutional Declaration and the political agreement (that is, pass a draft constitution and an election law).
There are demands for parliamentary elections and postponing the formation of the executive authority (a unity government), although logic says that we need someone to provide us with food, medicine, electricity, water, education and salaries first, and this is the work of the executive authority (government).
As long as there is a possibility of organizing parliamentary elections, it is possible to organize presidential elections simultaneously in one day, and Libyans are granted the right to elect their president and parliament, and the formation of a unified government has nothing to do with elections.
At this stage, we no longer have multiple paths or a number of solutions, and we must urgently go to form a new unified executive authority in agreement with the State Council in accordance with the political agreement.’’
Aldabaiba will implement PC decrees
Welcoming the head of the Presidency Council upon his return from health treatment abroad, Aldabaiba said “We are very grateful for the return of the Al-Menfi and we tell him that the journey is still long, and we want him (Menfi) to be with us in this march. We will implement the decrees that he signed, and Libyans are still waiting for a lot of these decrees, all of which will be to restore Libya’s strength and unity’’.
Presidency Council’s politically and legally contested decrees
It will be recalled that Libya’s Presidency Council issued three politically and legally contested decrees on 29 April, which it described as a ‘‘National Rescue Plan’’. It said its decrees are based on the Constitutional Declaration which, in its view, gives it the right to legislate and issue laws.
The three decrees are meant to be part of the first package of 12 Presidency Council decrees to be launched at a later date as part of the so-called National Rescue Plan.
The three decrees include the promulgation of the law on the safeguarding, unity and independence of the judiciary, the activation of the national reconciliation process, and the activation of the process of direct resort to the people’s self-determination.
Decree 1: Supreme Constitutional Court
The Presidency Council issued decree 1/2025 to stop the effects of Law No. 5 of 2023 issued by the House of Representatives, regarding the suspension of the establishment of a Supreme Constitutional Court.
Decree 2: National Reconciliation
The Presidency Council also issued a decree 2/2025 on the election of the General Conference for National Reconciliation, in which each municipality shall have a member of the National Reconciliation, which consists of members elected from all municipalities in Libya.
Decree 3: National Referendum and Information Commission
The third Presidency Council decree (3/2025) provided for the creation of a National Referendum and Information Commission, headed by Othman Gajiji, with 11 other members.
Presidency Council member Abdullah al-Lafi opposes the decrees
Meanwhile, Presidency Council member, Abdullah al-Lafi, expressed his objection to the Presidency decrees, arguing that the decrees require a collective decision of the Presidency Council. Al-Lafi explained in a post on his Facebook account that the decrees do not represent the Presidency Council collectively, and do not have a constitutional or legal effect.
A precedent: The August 2024 Central Bank of Libya Presidency Council decree
It will be recalled that the Presidency Council had first used its controversial and contested power of decree in August 2024. It had issued a unanimous decision to suspend Resolution No. 3/2018 assigning Mohamed Al-Shukri as Governor of the Central Bank of Libya (CBL), and to re-form a new Board of Directors for the CBL. It had described at the time the move as assuming national responsibility in order to preserve the country’s capabilities and prevent it from being exposed to any damage.
But a positive outcome..
The decision of the Presidency Council resulted in the consensus appointment of a new CBL Board of Directors headed by Governor Naji Issa, and his Deputy, Marei al-Barassi, and the unification of the CBL.
Status quo and political quagmire resisting change and elections
The decrees, and the idea of the use of decrees by the Presidency Council, is an attempt to force Libya out of its political quagmire. It is an attempt to break the status quo favoured by Khalifa Hafter, the Speaker of the House of Representatives and his minority rump, and various power centres, including militias, prospering from Libya’s stagnant political status quo. It is a minority that seeks to avoid elections, and hence any change, at any cost. A minority that is holding Libya back from real development and progress.
Aldabaiba has offered to vacate the political stage – as long as Saleh and Hafter do so as well. But they have not taken up his offer.
The Grand Mufti supports the decrees
Meanwhile, the Grand Mufti of Libya, Sadig al-Ghariani, announced in a video recording his support for the Presidency Council decrees. He rejected those from inside and outside who bypassed them, pointing out that the UN mission does not want to hold elections in Libya.
Commenting about the move, UNSMIL and the U.S. Special Envoy to Libya, Richard Norland, have warned against unilateral actions.
Presidency Council warns against any unauthorised military manoeuvres towards Tripoli
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Amazigh Supreme Council boycotts planned referendum on draft constitution | (libyaherald.com)
HoR commences discussion of draft constitution and its referendum | (libyaherald.com)
CDA vote on draft constitution ruled invalid by Beida court | (libyaherald.com)
New draft constitution “gives everyone something and nobody everything” | (libyaherald.com)
