The Special Adviser to President Bola Tinubu on Media and Public Communications, Sunday Dare, has defended Executive Order 9 (EO9), insisting that the directive enforces constitutional provisions on revenue management rather than exceeding presidential powers.
Last Wednesday, Tinubu signed EO9, formally titled “Presidential Executive Order to Safeguard Federation Oil and Gas Revenues and Provide Regulatory Clarity.”
Responding to critics via his X handle on Monday, Dare argued that claims the President was “making law” misrepresented both the Constitution and fiscal realities.
Quoting Section 80(1) of the 1999 Constitution (as amended), he said:
“Section 80(1) is mandatory: all revenues or other moneys raised or received by the Federation shall be paid into and form one Consolidated Revenue Fund of the Federation.”
He explained that EO9 simply operationalises these provisions in the oil and gas sector by mandating direct remittance of petroleum revenues—including royalties, taxes, profit oil and gas, penalties, and related receipts—into recognised government accounts.
“The order of legality is clear: revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent,” Dare stated.
Dare stressed that the order does not infringe on the National Assembly’s powers or amend existing laws such as the Petroleum Industry Act (PIA).
“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 PIA, or repeal any statute,” he explained.
He added that the directive was issued under Section 5 of the Constitution to ensure faithful execution of existing laws.
Dare noted that any challenge to the order’s constitutionality should be resolved by the courts.
“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 said.
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