Libyan Supreme Court: Miitig election 'unconstitutional'

Libya’s Supreme Court on Monday dismissed as "unconstitutional" an election in March that saw Ahmed Miitig named as prime minister.

Outgoing prime minister Abdullah al-Thani had refused to recognise Miitig's government, saying he would await the judiciary's decision before handing over power.

Miitig convened his first cabinet meeting last week despite Thani's objections.

"The court has judged the election of Miitig at the General National Congress [the interim parliament] as unconstitutional," a judge at the court said on Monday after a short hearing.

The ruling will be examined by the administrative court on Monday, lawyers said.

Thani announced his resignation earlier this year after an armed attack on his family, but he insisted that his successor should be chosen by a new parliament rather than its contested predecessor and refused to recognise Miitig's cabinet.

Miitig, 42, an independent backed by the Islamists, had been due to lead the country for a short interim period until 25 June, when the country is due to hold an election to replace congress.

Miitig did not immediately comment. If he accepts the court's decision, Thani is expected to remain in office until the vote is held.

Miitig's election took place at a second session of the GNC in early May, days after gunmen stormed the building to interrupt an earlier ballot.

Several liberal lawmakers accused Islamist blocs within the interim parliament of allowing late arrivals at the session to cast their votes. Initial results showed that Miitig had garnered only 113 votes of the 121 votes needed.

The GNC was elected in July 2012, in Libya's first ever free polls, almost one year after the revolution which ousted the regime of Muammar Gaddafi.

Its legitimacy was challenged after the GNC prolonged its mandate - due to expire last February - until December 2014.

"The GNC may be able to meet and vote for Miitig all over again tomorrow without having to find the 120 votes to fire Thani. This is because Thani tendered his resignation some weeks back, although it was not accepted at the time," a Western analyst in Libya told Middle East Eye, asking not to be identified for security reasons.

"The political crisis between Islamists and their rivals is tiptoeing along the edge of constitutional law. The question for many Libyans is whether, with only 16 days before elections, Congress needs to appoint a new prime minister," he added.