FG slams critics over EO9 , insists it’s constitutional, not overreach

Abdullateef Fowewe

The federal government has fired back at claims that Executive Order 9 (EO9) represents presidential overreach, calling it a straightforward enforcement of constitutional revenue rules in the oil and gas sector.

In a press statement issued on Monday, by Tanimu Yakubu, Director-General of the Budget Office of the Federation and Secretary of the EO9 Implementation Committee, dismissed suggestions that the order amounts to the President “making law.”

Instead, he positioned EO9 as a tool to uphold fiscal discipline.

“Commentaries suggesting that Executive Order 9 (EO9) amounts to the President ‘making law’ misstate both the Constitution and the fiscal question at issue. EO9 does not create law; it enforces constitutional custody of Federation revenues,” Yakubu wrote.

The statement zeroes in on Sections 80(1) and 162 of the 1999 Constitution (as amended), which mandate that all Federation revenues – including oil royalties, taxes, profit oil and gas, penalties, and related receipts – must flow into the Consolidated Revenue Fund and Federation Account before any distribution or spending.

“Section 80(1) of the Constitution (1999, as amended) is mandatory. All revenues or other monies raised or received by the Federation shall be paid into and form one Consolidated Revenue Fund of the Federation. Public revenue cannot lawfully be retained, applied, or warehoused outside constitutional funds,” the release stated.

Yakubu emphasised that EO9 simply “operationalises these provisions” by directing direct remittances, tightening reconciliation, and boosting transparency – without touching legislative powers or amending the Petroleum Industry Act (PIA).

“It is an executive instrument issued under Section 5 to ensure faithful execution of the Constitution and applicable laws,” he added.

The government urged critics to take disputes to court, while affirming the Executive’s duty to safeguard revenues amid concerns over FAAC distributions, budget credibility, and economic stability.

“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,” Yakubu concluded.

The order has sparked debate in policy circles, with some viewing it as a bold move against revenue leakages in Nigeria’s vital oil sector.