EO9 Defended as Constitutional Safeguard for Federation Revenues

The Federal Government has defended Executive Order 9 (EO9), insisting that it does not amount to the President “making law” but rather enforces constitutional provisions governing the custody of Federation revenues.

In a press statement issued on February 23, 2026, the Director-General of the Budget Office of the Federation and Secretary of the Implementation Committee on Executive Order 9, Tanimu Yakubu, said commentaries alleging executive overreach misrepresent both the Constitution and the fiscal issues involved.

Yakubu cited Section 80(1) of the 1999 Constitution (as amended), which mandates that all revenues or other monies raised or received by the Federation must be paid into and form one Consolidated Revenue Fund of the Federation.

He stressed that public revenue cannot lawfully be retained, applied, or warehoused outside constitutionally recognised funds.

He further referenced Section 162 of the Constitution, which requires revenues accruing to the Federation to be paid into the Federation Account for distribution in line with constitutional allocation principles.

According to him, the constitutional sequence is clear: revenue must first enter recognised constitutional accounts before it can be appropriated, shared, or spent.

The statement explained that EO9 operationalises these constitutional provisions within the oil and gas sector by directing the direct remittance of petroleum revenues  including royalties, taxes, profit oil and gas, penalties, and related receipts  into constitutionally recognised accounts.

It also seeks to strengthen reconciliation and transparency across revenue collection, custody, and reporting processes.

Yakubu maintained that EO9 does not encroach on legislative powers. He noted that Section 60(1) of the Constitution preserves the procedural autonomy of the National Assembly and argued that the Order neither regulates legislative procedure nor amends the Petroleum Industry Act (PIA), nor repeals any statute.

Rather, he said, it is an executive instrument issued pursuant to Section 5 of the Constitution to ensure the faithful execution of the Constitution and existing laws.

He added that any challenge to the constitutional validity of EO9 should be determined by the judiciary. Pending any judicial pronouncement, he said, the Executive remains duty-bound to safeguard Federation revenues, uphold constitutional supremacy, and strengthen fiscal integrity in support of FAAC distributions, budget credibility, and macroeconomic stability.