By TANIMU YAKUBU
Commentaries suggesting that Executive Order 9 (EO9) amounts to the President “making law” misstate both the Constitution and the fiscal question at issue. EO9 does not create new law; it enforces constitutional custody and accountability over Federation revenues.
Section 80(1) of the 1999 Constitution (as amended) is unequivocal: “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 constitutionally recognised funds.
Section 162 reinforces this framework by requiring that revenues accruing to the Federation be paid into the Federation Account for distribution in accordance with constitutional allocation principles. The sequence of legality is therefore clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or expended.
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 further strengthens reconciliation, custody controls, and reporting transparency across the revenue value chain.
EO9 does not intrude upon legislative competence. Section 60(1) safeguards the procedural autonomy of the National Assembly. The Order neither regulates legislative procedure, amends the Petroleum Industry Act (PIA), nor repeals any statute. Rather, it is issued pursuant to Section 5 of the Constitution to ensure the faithful execution of the Constitution and extant laws.
Where constitutional questions arise, the judiciary remains the proper forum for adjudication. Pending any judicial pronouncement, however, the Executive bears a continuing obligation to protect Federation revenues, uphold constitutional supremacy, and strengthen fiscal integrity — particularly in support of FAAC distributions, budget credibility, and macroeconomic stability.
*Tanimu Yakubu
Director-General, Budget Office of the Federation
Secretary, Implementation Committee on Executive Order 9
23 February 2026
