The Director-General, Budget Office of the Federation, Secretary, Implementation Committee on Executive Order 9, Tanimu Yakubu, has defended Executive Order 9 (EO9), stating that the directive does not create new law but enforces existing constitutional provisions governing the custody of Federation revenues in Nigeria.
In a statement issued on Sunday, Yakubu dismissed commentaries suggesting that EO9 represents an attempt by the President to usurp legislative authority. According to him, the order strictly implements constitutional requirements on revenue management and fiscal accountability.
He cited Section 80(1) of the 1999 Constitution (as amended), which mandates that all revenues raised or received by the Federation must be paid into the Consolidated Revenue Fund. He stressed that public revenue cannot lawfully be retained or applied outside constitutionally recognised funds.
Yakubu explained that Section 162 further requires revenues accruing to the Federation to be paid into the Federation Account for distribution according to constitutional allocation principles.
He said EO9 operationalises these provisions within the oil and gas sector by directing the direct remittance of petroleum-related revenues, including royalties, taxes, profit oil and gas, penalties, and other receipts, into constitutionally recognised accounts.
The statement added that the directive also strengthens reconciliation processes and enhances transparency in revenue collection, custody, and reporting.
Addressing concerns about separation of powers, Yakubu maintained that EO9 does not interfere with the authority of the National Assembly or amend existing statutes. Rather, he said the order was issued pursuant to executive powers to ensure faithful execution of the Constitution and applicable laws.
He noted that any dispute regarding the constitutional validity of EO9 should be resolved by the courts, adding that the Executive remains obligated to safeguard Federation revenues, uphold constitutional supremacy, and promote fiscal integrity to support revenue distribution, budget credibility, and macroeconomic stability.
