The Special Adviser to President Bola Tinubu on Media and Public Communications, Sunday Dare, has defended Executive Order 9, stating that the directive upholds constitutional provisions on revenue management rather than constituting an overreach of executive powers.
Last Wednesday, President Tinubu signed Executive Order 9 of 2026, formally titled the Presidential Executive Order to Safeguard Federation Oil and Gas Revenues and Provide Regulatory Clarity.
In a post shared on his official X handle on Monday, Dare addressed concerns raised by critics. He said suggestions that EO9 amounts to the President “making law” misrepresent both the Constitution and the fiscal issues involved.
Quoting Section 80(1) of the 1999 Constitution (as amended), he said the provision is mandatory, requiring that all revenues or other monies raised or received by the Federation be paid into and form one Consolidated Revenue Fund of the Federation.
He argued that public revenue cannot lawfully be retained or applied outside constitutionally recognised funds. He added that Section 162 of the Constitution further requires revenues accruing to the Federation to be paid into the Federation Account for distribution according to constitutional allocation principles.
“The order of legality is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent,” Dare stated.
According to him, EO9 merely operationalises these constitutional provisions within the oil and gas sector. He said the order mandates the direct remittance of petroleum revenues — including royalties, taxes, profit oil and gas, penalties and related receipts — into recognised government accounts.
Dare added that the directive strengthens reconciliation and transparency across revenue collection, custody and reporting processes.
He maintained that the executive order does not infringe on the powers of the National Assembly or amend any existing legislation, including the Petroleum Industry Act.
“EO9 does not intrude into legislative competence. Section 60(1) preserves the procedural autonomy of the National Assembly; EO9 does not regulate legislative procedure, amend the Petroleum Industry Act, or repeal any statute,” he said.
He explained that the directive was issued under Section 5 of the Constitution to ensure faithful execution of existing laws.
“It is an executive instrument issued under Section 5 to ensure faithful execution of the Constitution and applicable laws,” Dare added.
The presidential aide noted that any dispute over the constitutional validity of the order should be resolved by the judiciary.
“If any party disputes the constitutional validity of EO9, the judiciary remains the proper forum for determination. 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,” he stated.
