Qaddafi's widow appeals against Malta's decision to return €95m to Libya

Safiya Ferkash Mohammed claims the court lacked jurisdiction to decide the case

The widow of Libyan leader Muammar Qaddafi is appealing a court decision to return €95m to Libya. (Photo by Ernesto Ruscio/Getty Images)

The widow of former Libyan leader Muammar Qaddafi has appealed against a decision by a court in Malta ordering the Bank of Valletta to return €95 million ($100m) to Libya.

The funds were deposited by Qaddafi's son Mutassim, court officials said.

Safiya Ferkash Mohammed and her lawyers argued that the courts lacked jurisdiction and did not have the power to decide the case.

The ruling was delivered at the end of June after a legal battle that started in 2012, a year after Qaddafi was overthrown and killed.

Mutassim, who was assassinated in October 2011, was found in possession of several Bank of Valletta credit cards as the owner of a Maltese-registered company.

The appeal was filed on behalf of the Qaddafi heirs by Maltese lawyer Louis Cassar Pullicino. No date for a hearing has been set yet.

The original court had upheld arguments by Libya's attorney-general that according to Libyan law, as an army officer, Mutassim Qaddafi had been precluded from drawing benefits from any business interests.

Moreover, he had failed to submit a full declaration of assets as required by law.

In her appeal, Ms Mohammed argues that the Libyan laws invoked in the case were criminal laws but that no criminal case was initiated against Mutassim Qaddafi or his heirs.