On Wednesday, the Benghazi Court of Appeals blocked Prime Minister Abdul Hamid Dbaiba’s decision to transfer the Libyan Customs Authority from the Ministry of Finance to the Cabinet. The court’s decision comes in response to a lawsuit filed by Prime Minister of the Parliament-designate government Osama Hammad.
The court highlighted that during transitional phases, elections, or emergency situations, it is inappropriate to make such critical and decisive changes. The ruling stated that issuing this decision exceeded the legal powers granted to the Prime Minister.
The court found the transfer of the Customs Authority to the Cabinet to be legally flawed and recommended its cancellation, urging a return to the previous status quo. The ruling criticized the decision for being overly broad, which could lead to administrative confusion, as it failed to clearly define the specific powers that would be transferred to the Cabinet.
The court emphasized that such decisions should be immediately effective and that the full authority of the Customs Administration should revert to the Ministries of Finance and Planning.
This legal intervention occurs amid a complex political landscape in Libya. Prime Minister Dbaiba’s administration has been navigating the challenges of a transitional government following years of conflict and division. The move to transfer the Customs Authority’s control was part of broader efforts to streamline government operations and enhance administrative efficiency. However, this decision has faced opposition and legal scrutiny, reflecting the delicate balance of power in Libya’s governance.
The Benghazi Court of Appeals’ decision to halt Prime Minister Dbaiba’s transfer of the Customs Authority highlights the complexities of governance in Libya’s transitional phase. As the country seeks stability and effective administration, this ruling underscores the critical role of the judiciary in upholding legal norms and preventing overreach by executive powers.
