The Director-General of Budget Office of the Federation, who is also the Secretary, Implementation Committee on Executive Order 9, Mr Tanimu Yakubu, has said that commentaries suggesting that Executive Order 9 (EO9) amounts to the President “making law” misstate both the Constitution and the fiscal question at issue.
Yakubu said that EO9 does not create law; but enforces constitutional custody of Federation revenues.
He said that Section 80(1) of the Constitution (1999, as amended) is mandatory, emphasising 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.
Yakubu further said that public revenue cannot lawfully be retained, applied, or warehoused outside constitutional funds.
According to him; “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.
“The order of legality 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.
“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 said.
Yakubu further said that if any party disputes the constitutional validity of EO9, the judiciary remains the proper forum for determination.
He said; “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”.
