EO9 Defends Constitution, Not Executive Lawmaking — Budget Office
The Federal Government has dismissed claims that Executive Order 9 (EO9) amounts to lawmaking by the President, insisting that the directive strictly enforces existing constitutional provisions on the management of Federation revenues.
In a statement issued by the Director-General Budget Office of the Federation, Tanimu Yakubu, clarified that EO9 does not create new laws but reinforces constitutional requirements governing public funds.
He cited Section 80(1) of the 1999 Constitution (as amended), which mandates that all revenues collected by the Federation must be paid into the Consolidated Revenue Fund. According to him, no public revenue can be lawfully retained or used outside constitutionally recognised accounts.
Yakubu further referenced Section 162, noting that all revenues accruing to the Federation must first be paid into the Federation Account before distribution in line with constitutional allocation principles.
The statement explained that EO9 is designed to strengthen compliance in the oil and gas sector by directing the direct remittance of petroleum revenues—such as royalties, taxes, profit oil, gas proceeds, and penalties—into appropriate constitutional accounts. It also aims to improve transparency and accountability in revenue collection, reconciliation, and reporting.
The Budget Office stressed that the executive order does not encroach on the powers of the National Assembly. It noted that EO9 neither alters legislative procedures nor amends existing laws, including the Petroleum Industry Act, but is issued under the President’s constitutional authority to ensure the faithful execution of laws.
The government maintained that any concerns regarding the legality of EO9 should be addressed through the courts, which remain the appropriate avenue for constitutional interpretation.
It added that, pending any judicial ruling, the Executive is obligated to safeguard public revenues, uphold constitutional supremacy, and promote fiscal discipline to support revenue distribution, budget implementation, and overall economic stability.
