Budget Office: EO9 Constitutional Fidelity, Not Executive Overreach

The Federal Government has firmly dismissed criticisms that Executive Order 9 (EO9) constitutes an overreach of presidential power, insisting instead that the directive is a strict exercise of constitutional fidelity aimed at safeguarding Federation revenues.

In a press statement issued on Monday, the Director-General of the Budget Office of the Federation, Tanimu Yakubu, clarified that commentaries suggesting the President is “making law” through the Order misstate both the constitutional framework and the fiscal question at issue.

“EO9 does not create law; it enforces constitutional custody of Federation revenues,” Yakubu stated.

The statement specifically references Section 80(1) of the 1999 Constitution (as amended), which mandates that all revenues or monies raised or received by the Federation shall be paid into and form one Consolidated Revenue Fund of the Federation.

According to the Budget Office, public revenue cannot lawfully be retained, applied, or warehoused outside constitutionally recognised funds.

Yakubu explained that the Order operationalises these 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. It also aims to tighten reconciliation and transparency across collection, custody, and reporting processes.

The statement further emphasised that EO9 does not intrude into legislative competence. While Section 60(1) of the Constitution preserves the procedural autonomy of the National Assembly, the Executive Order 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,” Yakubu added.

Addressing potential legal challenges, the Director-General noted that if any party disputes the constitutional validity of EO9, the judiciary remains the proper forum for determination.

However, he stressed that pending any judicial pronouncement, the Executive is duty-bound to protect Federation revenues, uphold constitutional supremacy, and strengthen fiscal integrity.

The move, according to the government, is critical for ensuring credible FAAC (Federation Account Allocation Committee) distributions, maintaining budget credibility, and supporting macroeconomic stability.