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The Presidency has said that the the Executive Order, EO9, on oil and gas is constitutional and not executive overreach.
The Director-General, Budget Office of the Federation, Tanimu Yakubu, said this in a statement on Monday in Abuja.
Yakubu stated that the Executive Order 9, EO9, does not create law, adding that it enforces constitutional custody of Federation revenues.
He added 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, stressing that public revenue cannot lawfully be retained, applied, or warehoused outside constitutional funds.
Yakubu, who is the Secretary of the Implementation Committee on Executive Order 9 reiterated that the order of legality is clear, stating that revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent.
“Commentaries suggesting that Executive Order 9 (EO9) amounts to the President “making law” misstate both the Constitution and the fiscal question at issue.
“Section 80(1) of the Constitution (1999, as amended) is mandatory. 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.
“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.
“If any party disputes the constitutional validity of EO9, the judiciary remains the proper forum for determination. 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,” the statement said.
Oil, Gas: Executive Order constitutional fidelity, not executive overreach – Presidency
