Nigeria: Executive Order 9 Enforces Constitution, Not Presidential Power Grab - Budget Office

23 February 2026

The Budget Office of the Federation has fired back at critics of Executive Order 9 (EO9), insisting it upholds constitutional revenue rules rather than allowing the President to "make law."

In a strongly worded press statement signed by Director-General Tanimu Yakubu, who also serves as Secretary of the EO9 Implementation Committee, the office clarified that EO9 simply enforces Sections 80(1) and 162 of the 1999 Constitution (as amended).

These mandate that all Federation revenues, including oil and gas proceeds like royalties, taxes, profit oil, gas, penalties, and related receipts, must flow into the Consolidated Revenue Fund and Federation Account before any distribution or spending.

"Public revenue cannot lawfully be retained, applied, or warehoused outside constitutional funds," the statement emphasised, targeting practices in the oil sector. EO9 directs direct remittances, tighter reconciliation, and enhanced transparency in collection, custody, and reporting to safeguard funds for FAAC allocations, budgets, and economic stability.

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Yakubu dismissed claims of executive overreach, noting EO9 operates under Section 5 of the Constitution for faithful execution of laws without touching legislative powers under Section 60(1), the Petroleum Industry Act, or any statutes.

"It does not regulate legislative procedure, amend the PIA, or repeal any statute," he stated.

The office urged disputants to seek judicial review, affirming the executive's duty to protect revenues amid ongoing debates on fiscal federalism.

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