Tanimu Yakubu, Director-General, Budget Office of the Federation and Secretary, Implementation Committee on Executive Order 9, has declared that Executive Order 9, recently signed by President Bola Tinubu, is meant to ” enforce constitutional custody of Federation revenues”, rather than creating another law.
Yakubu, while reacting to criticism and commentaries suggesting that Executive Order 9 (EO9) amounts to the President “making law”, described such commentaries as misstating both the Constitution and the fiscal question at issue.
According to him, ” EO9 does not create law; it enforces constitutional custody of Federation revenues.”
Citing Section 80(1) of the 1999 Constitution of Nigeria, as amended, he declared that “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,” he said.
He also cited Section 162 of the same Constitution, which he said “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.”
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Also speaking on the legality of the Executive order, he noted that the ” revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent”.
He stressed that the 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.”
Yakubu, while urging critics to seek judicial interpretation, added that “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.”
