The Director-General of the Budget Office of the Federation, Tanimu Yakubu, has dismissed claims that Executive Order 9 (EO9) grants the President lawmaking powers, describing such interpretations as a misunderstanding of constitutional and public finance provisions.
Yakubu, who also serves as Secretary of the Implementation Committee on EO9, said the order does not create new legislation but rather enforces existing constitutional requirements governing the management of government revenues.
In a statement issued Monday, Yakubu cited Section 80(1) of the Constitution of the Federal Republic of Nigeria, which mandates that all revenues collected by the Federation be paid into the Consolidated Revenue Fund. He stressed that it is unlawful for public funds to be retained or spent outside constitutionally recognised accounts.
He further referenced Section 162 of the Constitution, which requires revenues due to the Federation to be paid into the Federation Account before being distributed among the three tiers of government according to approved allocation principles.
The order of legality is clear revenue must first enter constitutionally recognised accounts before it can be appropriated, shared or spent,” he stated.
According to Yakubu, EO9 operationalises these constitutional provisions within the oil and gas sector by directing that petroleum-related revenues including royalties, taxes, profit oil and penalties be paid directly into authorised government accounts.
He added that the directive enhances reconciliation processes and strengthens transparency in the collection, custody and reporting of petroleum revenues.
Addressing concerns about separation of powers, Yakubu maintained that EO9 does not interfere with the authority of the National Assembly of Nigeria.
He cited Section 60(1) of the Constitution, which guarantees the independence of the legislature in determining its procedures, noting that the executive order neither amends the Petroleum Industry Act nor nullifies any existing law.
Rather, he explained, the directive was issued under Section 5 of the Constitution, which empowers the President to ensure that laws and constitutional provisions are faithfully executed.
Yakubu acknowledged that individuals or groups questioning the legality of EO9 have the right to seek judicial interpretation, stressing that the courts remain the appropriate authority to resolve constitutional disputes.
Until any contrary ruling is delivered, he said, the Executive arm is duty-bound to safeguard public revenues, uphold constitutional supremacy and strengthen fiscal discipline particularly regarding allocations from the Federation Account, the credibility of the national budget and broader economic stability.
He maintained that EO9 is aimed at reinforcing accountability in public finance management rather than expanding presidential powers.
