Executive Order aligns with constitution — Presidency

By Goli Innocent

The Presidency has defended Executive Order 9 signed by President Bola Tinubu, insisting that the directive aligns fully with the 1999 Constitution and does not amount to executive overreach.

Special Adviser to the President on Media and Public Communications, Sunday Dare, said critics claiming the President was “making law” misunderstood both the Constitution and Nigeria’s fiscal framework.

In a post on his verified X handle, Dare maintained that the order merely reinforces existing constitutional provisions governing public revenue.

Tinubu last Wednesday signed Executive Order 9 of 2026, formally titled Presidential Executive Order to Safeguard Federation Oil and Gas Revenues and Provide Regulatory Clarity. Quoting Section 80(1) of the Constitution, Dare stated: “Section 80(1) of the Constitution (1999, as amended) is mandatory: all revenues or other moneys raised or received by the Federation shall be paid into and form one Consolidated Revenue Fund of the Federation.”

He added that Section 162 further requires that revenues accruing to the Federation be paid into the Federation Account for distribution.

“The order of legality is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent,” Dare said, arguing that EO9 simply directs petroleum revenues including royalties, taxes, profit oil and gas, penalties and related receipts into recognised government accounts.

According to him, the directive strengthens reconciliation, transparency and reporting processes within the oil and gas sector without interfering with legislative powers.

“EO9 does not intrude into legislative competence… it does not regulate legislative procedure, amend the Petroleum Industry Act (PIA), or repeal any statute,” he stated.

Dare stressed that the order was issued pursuant to Section 5 of the Constitution to ensure faithful execution of existing laws.

He added that any dispute over its validity should be resolved by the courts, noting that until a judicial pronouncement says otherwise, the Executive remains duty-bound to protect federation revenues and uphold fiscal integrity for FAAC distributions and budget credibility.