The Federal Government on Monday, February 23, defended Executive Order 9 (EO9), declaring that the directive is a constitutional enforcement mechanism and not an attempt by the President to usurp the powers of the legislature.
It said this in a statement titled ‘Executive Order 9: Constitutional Fidelity, Not Executive Overreach,’ shared by the Special Adviser, Public Communications and Orientation, to the President, Sunday Dare.
In the statement, the government dismissed claims that the President was “making law” through the order, describing such commentary as a misinterpretation of the Constitution and the fiscal issues involved.
“Commentary suggesting that Executive Order 9 (EO9) amounts to the President ‘making law’ misstates both the Constitution and the fiscal question at issue. EO9 does not create law; it enforces constitutional custody of Federation revenues,” the statement said.
Citing Section 80(1) of the 1999 Constitution (as amended), the government stressed that the provision is mandatory, quoting it as stating: “All revenues or other moneys raised or received by the Federation shall be paid into and form one Consolidated Revenue Fund of the Federation.”
It added that “public revenue cannot lawfully be retained, applied, or warehoused outside constitutional funds.”
Pinnacle Daily reports that on February 18, 2026, President Bola Tinubu signed Executive Order No. 9, directing the Nigerian National Petroleum Company Limited (NNPCL) to remit its revenues directly to the Federation Account Allocation Committee (FAAC) and stripping the state-owned oil company of its revenue deduction powers.
The order has since drawn criticism, including concerns from labour unions.
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The Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) has publicly condemned the Order, warning that it threatens the employment security of nearly 4,000 of its members in NNPCL.
In its statement, the federal government further referenced Section 162 of the Constitution, noting that it requires revenues accruing to the Federation to be paid into the Federation Account for distribution in line with constitutional allocation principles.
“The order of legality is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent,” the government said.
It stated that EO9 operationalises these provisions in 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.
It also said the order “tightens reconciliation and transparency across collection, custody, and reporting.”
Addressing concerns about legislative interference, the government maintained that EO9 does not intrude into the powers of the National Assembly.
“EO9 does not regulate legislative procedure, amend the Petroleum Industry Act (PIA), or repeal any statute. It is an executive instrument issued under Section 5 to ensure faithful execution of the Constitution and applicable laws,” it said.
The federal government maintained that the courts should resolve any dispute over the constitutional validity of the order.
“If any party disputes the constitutional validity of EO9, the judiciary remains the proper forum for determination,” it said, stressing that 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.”
Alex is a business journalist cum data enthusiast with the Pinnacle Daily. He can be reached via ealex@thepinnacleng.com, @ehime_alex on X
