Morsi, who was ousted from his leadership by the military during the uprising in 2013, was sentenced with 105 others for engineering the mass escape at Wadi el-Natrun prison with other Muslim Brotherhood activists in 2011, before he became president.

The court made the ruling on Saturday (16May15) and it will be referred to the grand mufti, the highest religious authority in Egypt, for his approval, which is legally non-binding. A final decision will be made on 2 June (15).

Morsi, 63, is already serving a 20-year prison sentence for the arrest and torture of protesters and incitement to violence during the Egyptian revolution. He was acquitted of murder and sent to prison last month (Apr15).

The ruling has been condemned by human rights organisation Amnesty International.