Libya's Presidential Council Faces Internal Dispute Over Decision-Making Authority

Libyan Presidential Council member Musa Al-Koni has responded to a letter from Council head Mohamed Al-Menfi, dated November 8, 2026, regarding respect for judicial rulings and the Council's decision-making processes. Al-Koni emphasized the importance of collective decision-making within the Council and adherence to the specific competencies defined by law for the Council head and members. His response, dated November 9, 2026, was addressed to several heads of official institutions and agencies.

Al-Koni's letter pertains to Presidential Council decisions numbers 8, 9, and 10 of 2026, related to the Libyan Intelligence Agency. These decisions have sparked controversy and raised questions about the Council's decision-making processes. According to Al-Koni, the outcomes of the Libyan Political Dialogue Forum, which organized the executive authority's competencies, granted the Presidential Council collective authority in matters such as appointing and dismissing the head and members of the intelligence agency. However, this authority is contingent upon a unanimous decision by the Council's three members.

Al-Koni clarified that the Council head's individual competencies are limited to overseeing Council activities, presiding over meetings, and representing the state in a protocol capacity. In contrast, decisions made by the Council require a collective agreement. Consequently, Al-Koni argued that decisions made without the collective approval or signature of all Council members do not represent the Council's collective will and cannot be considered legitimate solely based on the Council head's signature.

Regarding judicial matters, Al-Koni stressed that characterizing Presidential Council decisions as acts of sovereignty is insufficient to negate judicial authority or suspend its rulings. He explained that determining judicial competence and classifying the nature of a dispute fall within the purview of the relevant judicial authorities. Al-Koni emphasized that judicial rulings on disputed decisions must be respected and their effects adhered to until a competent judicial authority decides otherwise, in accordance with established legal procedures.

Al-Koni also addressed the issue of the Law No. 8 of 2023, which reorganized the Libyan Intelligence Agency. He asserted that disregarding or deeming this law invalid cannot be achieved through a simple administrative notification. Instead, it requires adherence to the designated legislative or judicial channels. Al-Koni underscored that the legal status of decisions should be based on existing legislative and judicial frameworks, rather than unilateral administrative positions that bypass established procedures for amending or repealing legal rules.

Al-Koni concluded his letter by emphasizing the need to respect the Presidential Council's collective nature and decision-making mechanisms. He called for not giving institutional, administrative, or financial effects to the disputed decisions as long as existing judicial rulings remain in effect and have not been altered by a competent judicial authority. This dispute highlights internal divisions within the Presidential Council, particularly regarding the scope of the Council head's individual powers and the requirement for collective agreement on certain decisions.

The controversy also touches on the relationship between the Council's decisions and judicial oversight. Al-Koni's stance underscores the importance of respecting judicial rulings and the collective decision-making process within the Council. The situation reflects broader challenges in Libya's governance structure, particularly in clarifying the competencies and operational mechanisms of key institutions like the Presidential Council.

Key points

• Musa Al-Koni disputes Mohamed Al-Menfi's decisions, citing the need for collective agreement within the Libyan Presidential Council.
• Al-Koni emphasizes the importance of respecting judicial rulings and the Council's collective decision-making process.
• The dispute highlights internal divisions within the Presidential Council regarding decision-making authority and judicial oversight.