The Benghazi Court of Appeal ruled to accept the appeal filed by the Prime Minister of the Libyan Government appointed by the House of Representatives, Osama Hammad, against the decisions issued by the Presidential Council regarding the “establishment of a body parallel to the High National Elections Commissions” under the name “National Commission for Referendums.”

According to the court's ruling, it decided to cancel the contested decisions and their consequences, and ordered the respondent to pay the costs, according to a statement by the Hammad Government.

Reasons for the court's decision to accept the appeal

In its reasoning, the court stated that these decisions were overturned because they were “issued in clear and explicit violation of the provisions of Law No. 8 of 2013 establishing the High National Elections Commission.”

It added: “The Presidential Council exceeded its powers and encroached on the powers of the higher legislative authority, namely the House of Representatives, which rendered the contested decisions unlawful, illegitimate, and a gross usurpation of power.”

The court stated that any decisions issued by the executive authority “must not conflict with the laws in force, in accordance with the principle that all individuals and institutions are subject to the legal rules in force, in accordance with the principle of the rule of law.”