Tinubu’s Executive Order Constitutional, Protects Federation Revenue — Presidency

Special Adviser to President Bola Tinubu on Media and Public Communications, Sunday Dare, has defended Executive Order 9, saying the directive aligns with the 1999 Constitution and does not constitute an overreach of executive powers.

Dare clarified in a post on his verified X handle on Monday, amid criticism that the order amounts to the president “making law.”

President Tinubu signed Executive Order 9 of 2026, formally titled “Presidential Executive Order to Safeguard Federation Oil and Gas Revenues and Provide Regulatory Clarity.”

Responding to the concerns, Dare said claims that the order breaches constitutional limits misrepresent both the Constitution and the fiscal framework guiding public revenue management.

Citing Section 80(1) of the 1999 Constitution (as amended), he said all revenues collected by the Federation must be paid into the Consolidated Revenue Fund.

“Section 80(1) of the Constitution (1999, as amended) is mandatory: all revenues or other moneys raised or received by the Federation shall be paid into and form one Consolidated Revenue Fund of the Federation,” he stated.

He added that public funds cannot be retained or used outside constitutionally recognised accounts, noting that Section 162 also requires revenues accruing to the Federation to be paid into the Federation Account for distribution.

“The order of legality is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent,” Dare said.

According to him, Executive Order 9 merely enforces existing constitutional provisions in the oil and gas sector by directing the remittance of petroleum revenues — including royalties, taxes, profit oil and gas, penalties and other receipts — into recognised government accounts.

He also said the directive enhances transparency and reconciliation in revenue collection, custody and reporting processes.

Dare maintained that the order does not encroach on the powers of the National Assembly or amend any existing law, including the Petroleum Industry Act.

“EO9 does not intrude into legislative competence. Section 60(1) preserves the procedural autonomy of the National Assembly; EO9 does not regulate legislative procedure, amend the Petroleum Industry Act (PIA), or repeal any statute,” he said.

He explained that the directive was issued under Section 5 of the Constitution to ensure the faithful execution of existing laws.

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

The presidential aide further said any dispute over the order’s legality should be resolved by the courts.

“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, uphold constitutional supremacy, and strengthen fiscal integrity for FAAC distributions, budget credibility, and macroeconomic stability,” he said.