The Director-General of the Budget Office of the Federation, Tanimu Yakubu, has defended Executive Order 9 (EO9), stating that it does not amount to the President making new laws but rather enforces constitutional provisions on the custody of Federation revenues.
Yakubu, who also serves as Secretary of the Implementation Committee on Executive Order 9, said commentaries suggesting that EO9 oversteps constitutional bounds misrepresent both the 1999 Constitution (as amended) and the fiscal issues involved.
According to him, Section 80(1) of the Constitution makes it mandatory that all revenues or monies raised or received by the Federation 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 cited Section 162 of the Constitution, which requires that revenues accruing to the Federation be paid into the Federation Account for distribution in line with constitutional allocation principles.
He explained that the legal sequence is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent.
Yakubu said 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 recognised constitutional accounts.
He added that the order also strengthens reconciliation processes and enhances transparency in collection, custody, and reporting.
Addressing concerns about legislative encroachment, Yakubu maintained that EO9 does not intrude into the powers of the National Assembly.
He noted that Section 60(1) of the Constitution preserves the procedural autonomy of the legislature, and that EO9 neither regulates legislative procedure nor amends the Petroleum Industry Act.
He explained that the order was issued under Section 5 of the Constitution, which vests executive powers in the President to ensure the faithful execution of the Constitution and existing laws.
Yakubu added that any party questioning the constitutional validity of EO9 is free to seek judicial interpretation, describing the courts as the proper forum for resolving such disputes.
“Pending any judicial pronouncement, the Executive is duty-bound to protect Federation revenues, uphold constitutional supremacy, and strengthen fiscal integrity for FAAC distributions, budget credibility, and macroeconomic stability,” he said.
He reaffirmed the Federal Government’s commitment to safeguarding public revenues and promoting transparency in the management of oil and gas proceeds.
