By Dennis Okechukwu
The Federal Government has defended Executive Order 9 (EO9), stating that the directive reinforces constitutional provisions on revenue management rather than constituting an act of lawmaking by the President.
In a press statement issued on February 23, 2026, the Director-General of the Budget Office of the Federation, Mr. Tanimu Yakubu, said claims that EO9 amounts to executive overreach misrepresent both the Constitution and the fiscal issues involved.
The statement cited Section 80(1) of the 1999 Constitution (as amended), which mandates that all revenues raised or received by the Federation must be paid into and form one Consolidated Revenue Fund of the Federation. It also referenced Section 162, which requires revenues accruing to the Federation to be paid into the Federation Account for distribution according to constitutional allocation principles.
According to the statement, 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. The order also aims to strengthen reconciliation, transparency, and reporting across revenue collection and custody processes.
The government maintained that EO9 does not interfere with the legislative powers of the National Assembly. Citing Section 5 of the Constitution, the statement explained that the executive order is an instrument issued to ensure the faithful execution of existing laws and constitutional requirements, and does not amend or repeal the Petroleum Industry Act.
The statement added that any challenge to the constitutional validity of EO9 should be resolved through the courts. Pending any judicial ruling, the Executive said it remains obligated to safeguard Federation revenues, uphold constitutional supremacy, and enhance fiscal integrity for Federation Account Allocation Committee (FAAC) distributions, budget credibility, and macroeconomic stability.