Libya’s political divisions have intensified the dispute over the newly established Constitutional Court in Benghazi. Tensions escalated after the court issued a ruling abolishing the constitutional chamber of the Supreme Court in Tripoli, sparking questions about the legality of the move and fears over its impact on the unity of the judiciary.
This is the second major controversy involving the Benghazi court in a month. Earlier, its decision to shield the House of Representatives’ approval of military promotions issued by Libyan National Army leader Field Marshal Khalifa Haftar, including promotions involving his sons Saddam and Khaled, triggered strong objections from the High Council of State in Tripoli, which described the ruling as “an assault on judicial independence.”
Khalifa Al-Daghari, a member of parliament, said the controversy over the court’s decisions “will continue as long as the constitutional chamber in Tripoli remains in place.”
He argued that the court’s establishment came at “an ill-suited time for a country operating under a temporary constitutional declaration and divided between two rival authorities.”
Al-Daghari, who previously expressed reservations in parliament about setting up the court in Benghazi, warned that such a move “could deepen political division and entrench institutional fragmentation,” a situation Libya has faced for more than a decade.
The Benghazi court’s ruling transfers all cases from Tripoli’s constitutional chamber to the new court “without fees,” giving parties three months to refile their cases, after which they will be dismissed.
Legal experts have questioned the legality of the decision. Al-Koni Abouda argued that the court was established by a transitional authority - the House of Representatives - and that its president “exceeded his powers by dissolving a chamber not under his administrative authority.”
For his part, Hisham Al-Harati warned that creating a constitutional court in the absence of a functioning constitution “sets a dangerous precedent” that threatens judicial unity and independence, turning the judiciary into “a new arena for political conflict.”
The court’s establishment followed a bitter standoff between parliament and the Presidential Council. Although the council suspended the law in April, parliament pressed ahead with appointments in June, and the court was officially inaugurated on August 19.
Supporters of the court, including MP Mohamed Amer Al-Abani, argue that it draws legitimacy from legislation passed by an elected legislature, which can only be overturned by a similar law. He dismissed claims that the House of Representatives, as a transitional body, lacks authority, pointing to existing legal frameworks that preserve its powers.
The court issued its statement in response to remarks by UN Envoy Hanna Tetteh, who expressed concern over the existence of “two constitutional institutions.”
In a letter, the court urged her to withdraw what it called “personal opinions,” affirming its commitment to judicial independence.
Many Libyan legal and political figures warn that these developments could further fragment the judiciary, already under strain from years of political division.
The constitutional chamber, established in 1982 and suspended in 2016, had long been the country’s highest judicial authority. Its revival now faces a new challenge following the creation of the Benghazi court in 2023.
