The Director-General of the Budget Office of the Federation, Tanimu Yakubu, has defended Executive Order 9 (EO9), dismissing claims that it empowers the President to make laws as a misinterpretation of the Constitution and public finance regulations.
Yakubu, who also serves as Secretary of the Implementation Committee on the order, said in a statement on Monday that EO9 does not introduce new legislation but reinforces existing constitutional provisions governing the management of government revenues.
He cited Section 80(1) of the Constitution of the Federal Republic of Nigeria, which mandates that all revenues collected by the Federation be paid into a single account known as the Consolidated Revenue Fund.
According to him, the provision makes it unlawful for public funds to be retained, expended or warehoused outside constitutionally recognised accounts.
Yakubu further referenced Section 162 of the Constitution, noting that it requires revenues due to the Federation to be paid into the Federation Account before distribution among the three tiers of government in line with approved allocation principles.
“The order of legality is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent,” he said.
He stated that Executive Order 9 puts these constitutional requirements into practice in the oil and gas sector by directing that petroleum revenues such as royalties, taxes, profit oil, penalties and other related earnings be paid directly into authorised government accounts. He said the order also strengthens reconciliation and transparency in how such revenues are collected, held and reported.
Yakubu said the directive does not interfere with the powers of the legislature. He explained that Section 60(1) of the Constitution protects the independence of the National Assembly of Nigeria in determining its procedures, noting that EO9 does not regulate parliamentary processes, amend the Petroleum Industry Act, or cancel any existing law.
According to him, the order is an executive action issued under Section 5 of the Constitution, which gives the President authority to ensure that laws and constitutional provisions are properly carried out.
He said anyone who questions the legality of the order has the right to approach the courts, stressing that the judiciary remains the proper authority to interpret the Constitution and decide disputes over government actions.
Yakubu maintained that until any court rules otherwise, the Executive arm is obligated to safeguard government revenues, respect constitutional supremacy and strengthen fiscal discipline, especially in relation to monthly allocations from the Federation Account, the credibility of the national budget and overall economic stability.
Source; The Nation News