Budget Office Defends Tinubu’s Executive Order 9, says it Enforces Constitution, Not New Law

Director-General of the Budget Office of the Federation, Tanimu Yakubu, has defended Executive Order 9 (EO9), dismissing claims that it amounts to executive law-making and insisting that the directive merely enforces existing constitutional provisions on the custody of Federation revenues.

In a press statement issued on Monday, Yakubu, who also serves as Secretary of the EO9 Implementation Committee, said commentary suggesting that the President was “making law” misrepresented both the Constitution and the fiscal issues involved.

Citing Section 80(1) of the 1999 Constitution (as amended), he noted that all revenues or other monies raised or received by the Federation must be paid into and form one Consolidated Revenue Fund of the Federation.

He stressed that public revenue cannot lawfully be retained, applied, or warehoused outside constitutionally recognised funds.

He also referenced Section 162 of the Constitution, which requires revenues accruing to the Federation to be paid into the Federation Account for distribution in line with constitutional allocation principles.

According to him, the constitutional sequence is clear: revenue must first enter recognised public accounts before it can be appropriated, shared, or expended.

Yakubu explained that EO9 operationalises these provisions within the oil and gas sector by directing the direct remittance of petroleum revenues, including royalties, taxes, profit oil and gas, penalties, and related receipts, into constitutionally recognised accounts.

He added that the directive strengthens reconciliation mechanisms and enhances transparency across revenue collection, custody, and reporting processes.

Addressing concerns about legislative overreach, Yakubu maintained that the order does not intrude into the powers of the National Assembly.

He argued that while Section 60(1) preserves the procedural autonomy of the legislature, EO9 neither regulates legislative procedure nor amends the Petroleum Industry Act (PIA), nor repeals any statute.

He said any dispute over the constitutional validity of the order should be resolved by the judiciary.

Pending such determination, he maintained that the Executive remains duty-bound to safeguard Federation revenues and strengthen fiscal integrity in support of FAAC distributions, budget credibility, and macroeconomic stability.