The Presidency has defended Executive Order 9 (EO9), insisting that the directive is firmly grounded in constitutional provisions governing the custody and management of Federation revenues.
Responding to criticisms that the order amounts to lawmaking by the Executive, officials maintained that EO9 does not create new law but reinforces existing constitutional requirements mandating that all revenues accruing to the Federation be paid into constitutionally recognised accounts before appropriation, distribution, or expenditure.
The Director-General of the Budget Office of the Federation, Tanimu Yakubu, disclosed this in a statement released today said that Section 80(1) of the Constitution (1999, as amended) is mandatory. All revenues or other monies raised or received by the Federation shall be paid into and form one Consolidated Revenue Fund of the Federation. Public revenue cannot lawfully be retained, applied, or warehoused outside constitutional funds.
The statement reads further”Section 162 complements this rule by requiring revenues accruing to the Federation to be paid into the Federation Account for distribution in accordance with constitutional allocation principles. The order of legality is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent.
”EO9 operationalises these provisions in the oil and gas sector by directing direct remittance of petroleum revenues – including royalties, taxes, profit oil and gas, penalties, and related receipts – into constitutionally recognised accounts, and by tightening reconciliation and transparency across collection, custody, and reporting.
“EO9 does not intrude into legislative competence. Section 60(1) preserves the procedural autonomy of the National Assembly; EO9 does not regulate legislative procedure, amend the Petroleum Industry Act (PIA), or repeal any statute. It is an executive instrument issued under Section 5 to ensure faithful execution of the Constitution and applicable laws.
“If any party disputes the constitutional validity of EO9, the judiciary remains the proper forum for determination. 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 n
