Commentaries alleging that Executive Order 9 (EO9) amounts to the President “making law” misrepresent both the Constitution and the fiscal issue at stake. EO9 does not create new law; rather, it enforces the constitutional framework governing the custody and management of Federation revenues.
Section 80(1) of the 1999 Constitution (as amended) is explicit and mandatory: all revenues or other monies raised or received by the Federation must be paid into and form one Consolidated Revenue Fund of the Federation. Public funds cannot lawfully be retained, applied, or warehoused outside constitutionally recognised funds.
Section 162 further reinforces this principle by mandating that all revenues accruing to the Federation be paid into the Federation Account for distribution in line with constitutional allocation formulas. The legal sequence is unambiguous: revenues must first enter constitutionally recognised accounts before they can be appropriated, shared, or expended.
EO9 gives practical effect to these constitutional provisions within the oil and gas sector. It directs the direct remittance of petroleum revenues—including royalties, taxes, profit oil and gas, penalties, and related receipts—into constitutionally recognised accounts. It also strengthens reconciliation mechanisms and enhances transparency across collection, custody, and reporting processes.
The Order does not encroach upon legislative authority. Section 60(1) preserves the procedural autonomy of the National Assembly, and EO9 neither regulates legislative procedure nor amends the Petroleum Industry Act (PIA), nor repeals any statute. Rather, it is an executive instrument issued pursuant to Section 5 of the Constitution to ensure faithful execution of existing constitutional and statutory provisions.
Should any party question the constitutional validity of EO9, the judiciary remains the appropriate forum for adjudication. Until such determination is made, the Executive bears a constitutional duty to safeguard Federation revenues, uphold constitutional supremacy, and reinforce fiscal integrity in support of FAAC distributions, budget credibility, and macroeconomic stability.
