Federal Republic of 🇳🇬
Contrary to the claims in some quarters suggesting that the Executive Order 9 (EO9) amounts to the President “making law” misstates both the Constitution and the fiscal question at issue, the Director General of the Budget Office of the Federation has clarified that the EO9 has not created any law but enforces constitutional custody of Federation revenues.
The clarification was made in a press statement signed by the Director-General, Budget Office of the Federation, Tanimu Yakubu who averred that Federation revenues must be paid into consolidated Revenue Fund of the Federation.
Quoting the relevant sections of 1999 constitution as amended, to butress his argument, the DG Budget Office of the Federation said:
“EO9 does not create law; it enforces constitutional custody of Federation revenues. Section 80(1) of the Constitution (1999, as amended) is mandatory: all revenues or other moneys raised or received by the Federation shall be paid into and form one Consolidated Revenue Fund of the Federation.”
He continued, “Public revenue cannot lawfully be retained, applied, or warehoused outside constitutional funds. 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.
On the order of legality, he affirmed that this 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.
On whether the EO9 intrude into legislative matter, Yakubu who supported his position relevant sections of the constitution, said the 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.
He therefore advised anyone who has contrary positions to approach the court of competent jurisdiction to seek determination.
“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,” he counselled.
