The Administrative Division of the Benghazi Court of Appeal issued two consecutive rulings stipulating that it does not have jurisdiction to hear appeals against the decrees issued by the Tripoli based Presidential Council.
The first provision stipulated Decree No. (1) of 2025 issued by the Presidential Council on the suspension of the effects of Law No. (5) of 2023 on the establishment of the Supreme Constitutional Court, in the invitation filed by the Prime Minister of the eastern based Libyan government, with the intervention of the Speaker of the House of Representatives, against the President of the Presidential Council in his capacity.
In this appeal, the court ruled that it lacked jurisdiction and obliged the appellant and the intervenor to pay the legal expenses.
The court also issued a second ruling in the lawsuit related to Decree No. (2) of 2025 on the election of the General Conference for National Reconciliation, filed by the same parties. On this, it also concluded that it did not have jurisdiction to hear the appeal and intervene, while obliging the appellants to pay the judicial expenses.
It will be recalled that the Speaker of the House of Representatives, Ageela Saleh, and the Prime Minister of the internationally unrecognised eastern based Libyan government, Hamad, had brought the two cases before the court. They were seeking to challenge the extent of the authority of the Presidency Council.
Analysts see this as a pre-emptive move by Salah and Hamad to limit the Presidency Council’s authority as the Presidency Council was threatening to autonomously acquire some new powers in order to break Libya’s political deadlock.
It, it will be recalled, used its questionable authority to lead to the downfall of the outgoing Central Bank of Libya, Sadek El-Kaber.
Salah and Hamad may still succeed by taking the case up to the Supreme Court.
