Presidency Defends Executive Order 9, Says It Upholds Constitutional Revenue Provisions

The Presidency on Monday defended Executive Order 9 (EO9), insisting that the directive does not amount to lawmaking by the President but rather enforces constitutional provisions governing Federation revenues.

In a press statement dated February 23, 2026, the Director-General of the Budget Office of the Federation, Tanimu Yakubu, said criticisms suggesting that EO9 represents executive overreach misinterpret both the Constitution and the fiscal issues involved.

Yakubu maintained that EO9 does not create new law but operationalises existing constitutional mandates on revenue custody and management.

Citing Section 80(1) of the Constitution of the Federal Republic of Nigeria (as amended), he noted that all revenues or monies raised or received by the Federation must be paid into and form part of the Consolidated Revenue Fund of the Federation.

“Public revenue cannot lawfully be retained, applied, or warehoused outside constitutional funds,” the statement read.

He further referenced Section 162 of the Constitution, which requires revenues accruing to the Federation to be paid into the Federation Account for distribution in accordance with constitutional allocation principles.

According to the statement, “The order of legality is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent.”

The Presidency explained that EO9 specifically applies to the oil and gas sector, directing the direct remittance of petroleum revenues including royalties, taxes, profit oil and gas, penalties, and related receipts into constitutionally recognised accounts. It also seeks to strengthen reconciliation and transparency mechanisms across revenue collection, custody and reporting processes.

Yakubu stressed that the executive order does not intrude into the legislative competence of the National Assembly. He cited Section 60(1) of the Constitution, which preserves the procedural autonomy of the legislature, noting that EO9 does not regulate legislative procedure, amend the Petroleum Industry Act, or repeal any statute.

Rather, he said, the order was issued pursuant to Section 5 of the Constitution, which vests executive powers in the President to ensure the faithful execution of the Constitution and applicable laws.

The statement added that any dispute over the constitutional validity of EO9 should be resolved by the judiciary.

“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,” Yakubu said.