Commentaries claiming that Executive Order 9 (EO9) amounts to the President “making law” misrepresent both the Constitution and the fiscal issues involved. EO9 does not create new legislation; rather, it reinforces constitutional provisions governing the custody and management of Federation revenues.
Section 80(1) of the 1999 Constitution (as amended) clearly states that all revenues or monies raised or received by the Federation must be paid into the Consolidated Revenue Fund of the Federation. Public funds cannot legally be retained, spent, or kept outside constitutionally recognised accounts.
In addition, Section 162 requires that revenues accruing to the Federation be paid into the Federation Account for distribution according to constitutional allocation principles. The constitutional process is straightforward: revenues must first enter recognised accounts before they can be appropriated, shared, or expended.
EO9 gives practical effect to these provisions within the oil and gas sector. It mandates the direct remittance of petroleum-related revenues — including royalties, taxes, profit oil and gas proceeds, penalties, and other associated receipts — into constitutionally approved accounts. It also strengthens reconciliation processes and improves transparency in revenue collection, custody, and reporting.
The Order does not encroach on the powers of the National Assembly. It neither alters legislative procedures nor amends existing statutes such as the Petroleum Industry Act. Instead, it is issued under the President’s constitutional authority to ensure faithful execution of the law.
Should any party question the constitutionality of EO9, the judiciary remains the appropriate avenue for resolution. Until any court rules otherwise, the Executive is obligated to safeguard Federation revenues, uphold constitutional supremacy, and promote fiscal discipline to support FAAC distributions, budget credibility, and overall macroeconomic stability.
