The Benghazi Court of Appeal has issued a ruling annulling the Presidential Council’s decisions to create a parallel body to the High National Elections Commission (HNEC). The judgment comes in response to an appeal filed by the Prime Minister of the Libyan Government-designate, Dr. Osama Hammad.
The court granted enforceable status to its ruling dated 27 November 2025 in Administrative Case No. 282/2024, cancelling Presidential Council Decisions No. 18 of 2024 and No. 26 of 2024. These decisions had established the so-called National Referendum Commission and appointed its Board of Directors.
In its reasoning, the court stated that the Presidential Council acted in violation of Law No. 8 of 2013, which created the High National Elections Commission as the sole legally recognised authority responsible for elections and referendums in Libya. The ruling emphasized that the Presidential Council had exceeded its powers and encroached upon the legislative authority of the House of Representatives.
The court further underlined that all decisions issued by the executive branch must fully comply with existing laws, reaffirming the principle of the rule of law and the separation of powers. The ruling is expected to have significant political and legal implications, particularly for ongoing debates surrounding electoral legislation and institutional legitimacy in Libya.
