Demands for Dabaiba to legally prosecute GNA officials

Following the handover ceremony between the Presidency
Council of the Government of National Accord (GNA) headed by Fayez al-Sarraj,
the new Presidential Council headed by Mohamed al-Menfi, and the new national
unity government headed by Abdul Hamid Dabaiba, many calls came for the need to
hold the previous government accountable, headed Sarraj and his ministers, and
to seize their money. GNA officials were prevented from traveling, and they
were interrogated following the appearance of the report issued by the
Accounting Bureau in Tripoli for the fiscal year 2019, which saw the light
after the Libyan parliament granted confidence to the new Libyan government.
Dabaiba and the members of the new Libyan Government of National Unity (GNU)
pledged to preserve Libya’s independence, security and territorial integrity,
in addition to the issuance of his first decision in which he called on
financial institutions, investment funds and public companies to freeze GNA
accounts to prevent GNA officials from disposing of state funds.
During the process of handing over power, Sarraj said that
he was handing over power to consolidate the principle of peaceful transfer,
and he called for action through the GNU to hold general elections in which the
will of the Libyans for change is embodied. He also called for achieving
national reconciliation, saying that it is the best way for Libyans to reach
the stage of permanent stability.
Calls for accountability
Dabaiba pledged to implement the reforms, in addition to a
new challenge before the GNU that calls to investigate suspicions of corruption
by members of the GNA, as this step comes at a time when voices and calls are
increasing for an investigation into the GNA about its responsibility in the
corruption that haunted Libya since it took power six years ago.
There have been many calls for GNA officials to be held
accountable, prosecute them on charges of corruption, and prevent them from
traveling. With suspicions of corruption and waste of public money, an
investigation has been called for into the budgets and sums of money that were
spent in violation of the law, indicating the need to investigate those
incidents that violate the political agreement, the Constitutional Declaration
and its amendments.
Lifting immunity
For his part, the head of the Libyan National Security
Agency, Mohamed Hatwash, asked parliament to lift the immunity of first and
second-class employees of the outgoing GNA and to prevent them from traveling
due to criminal suspicions, corruption cases and state security issues.
Malik Abu Shahiwa, a professor of political science at the
University of Tripoli, called for the issuance of a decision banning the travel
of all those whose names were mentioned in the Accounting Bureau's report,
headed by Sarraj, his council, his ministers, his advisors, and the governor of
the Central Bank in Tripoli, Sadiq al-Kabir, and to withdraw their passports
and transfer them to the judiciary, pointing out that they contributed to Libya
witnessing very bad conditions in all aspects of political, social, economic
and moral life.
Meanwhile, Saad Ben Shrada, a member of the High Council of
State, called on the GNA to present itself to the Libyan judiciary to prove its
innocence, as he confirmed during a statement on Facebook that the handover and
surrender of power between the authorities is not a showdown with words that
tickle the citizen, but rather the beginning of the new government, which has a
long journey ahead, and a finished government that is supposed to present
itself before the Libyan judiciary. He noted that the emotional and tickling
words of the civil state do not fatten or satiate the hunger of citizens, who
do not care about the civilian state that looted their money and made them beg
in the streets.
Dabaiba pre-empted these demands by issuing his first
decision in which he called on financial institutions, investment funds and
public companies to stop the movement of GNA accounts, thus preventing the
possibility of officials who will leave the government disposing of state funds.
Uncovering the truth
The calls for accountability came after the release of a
report issued by the Accounting Bureau in Tripoli issued in the fiscal year
2019. The report was released after the Libyan parliament granted confidence to
the new Libyan government, which revealed the involvement of most of the GNA agencies,
institutions and officials in corruption, plundering public money, financial abuse,
manipulation, and waste of public money, stressing the need to take legal steps
and hold the corrupt accountable.
The report confirmed the existence of irregularities and
corruption within the sovereign ministries, including within the Ministry of Defense,
confirming that the leaders of armed groups contracted with supply companies on
their own for tens of millions of dinars. It pointed out that the expenses of
military clothing for the militants amounted to 50 million dinars, while
allocations to military areas reached 185 million dinars, in addition to
concluding contracts and assignments without referring to the financial
controller, as well as corruption and violation of the law in the operations of
supplying cars and military equipment. The report also noted the violations and
corruption in the expenditures of the GNA Ministry of Interior headed by Fathi
Bashagha, confirming that the ministry's office expenditures witnessed a 267%
increase between 2016 and 2019, an increase of 2.4 billion dinars.
Preventing illegitimate interim decisions
In the wake of the handover of power from the GNA to the
GNU, Dabaiba issued a decision to alert the ministers in the GNA and the
interim government not to take any decisions or actions that contravene the
management powers of “conducting business”.
In the statement, Dabaiba confirmed that many ministers in
the two governments have taken measures that would bring about changes to some
legal positions in public institutions and interests in contravention of the
managerial powers of “conducting business”, which are required by the
transition phase. The GNU has devoted itself to striving to establish the
principles of the state of law and institutions, and it does not hesitate to
confront any actions or measures that affect the principles and rules of
administrative legitimacy or conflict with the public interest, stressing that
all the decisions taken in contravention of the administrative tasks and the
conduct of business in the ministries is considered null and does not result in
any legal effect.