Nigeria’s Budget Office clarifies Executive Order 9 promotes ‘constitutional fidelity’

*The Budget Office of the Federation explains the Executive Order 9 does not create a law, but rather ‘enforces constitutional custody of Federation revenues’ in the Nigerian economy

Isola Moses | ConsumerConnect

The Budget Office of the Federation and Implementation Committee on Executive Order 9 have said the recent commentary suggesting that the Executive Order 9 (EO9) amounts to the President Bola Ahmed Tinubu’s “making law” misstates both the Constitution and the fiscal question at issue.

Tanimu Yakubu, Director-General of the Budget Office of the Federation and Secretary, Implementation Committee on Executive Order 9, who made this clarification in a statement Monday, February 23, 2026, explained that EO9 “does not create law”.

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Yakubu explained the Executive Order rather “enforces constitutional custody of Federation revenues.”

He said that referencing Section 80(1) of the 1999 Constitution (as amended) is mandatory.

The constitutional provision states: “All revenues or other moneys 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.”

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Nigeria’s Budget Office Clarifies Executive Order 9 Promotes ‘Constitutional Fidelity’

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According to the Director-General of the Budget Office, Section 162 complements this rule by requiring revenues accruing to the Federation to be paid into the Federation Account for distribution in accordance with constitutional allocation principles.

The statement also noted that the “Order of legality is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent.”

Yakubu further stated that EO9 operationalises these provisions in the oil and gas sector by directing direct remittance of petroleum revenues – including royalties, taxes, profit oil and gas, penalties, and related receipts – into constitutionally recognised accounts, and by tightening reconciliation and transparency across collection, custody, and reporting.

“EO9 does not intrude into legislative competence,” said he.

The Director-General averred that Section 60(1) preserves the procedural autonomy of the National Assembly.

The statement as well explained that “EO9 does not regulate legislative procedure, amend the Petroleum Industry Act (PIA), or repeal any statute.”

Yakubu emphasised that it is “an executive instrument issued under Section 5 to ensure faithful execution of the Constitution and applicable laws.”

He further noted: “If any party disputes the constitutional validity of EO9, the Judiciary remains the proper forum for determination.”

The Budget Office of the Federation and Implementation Committee on Executive Order 9 added: “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.

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