By Jemimah Wellington, JKNewsMedia Correspondent
CLAIMS THAT Executive Order 9 amounts to the President making law misstate both the Constitution and the fiscal question at issue, the Budget Office of the Federation has said.
JKNewsMedia.com reports that in a press statement signed by Tanimu Yakubu, Director General, Budget Office of the Federation and Secretary, Implementation Committee on Executive Order 9, the office stated that EO9 does not create law but enforces constitutional custody of Federation revenues.
The statement noted that Section 80 subsection 1 of the Constitution 1999 as amended is mandatory and provides that 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.
It further stated that 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 order of legality is clear, the statement said, as revenue must first enter constitutionally recognised accounts before it can be appropriated, shared, or spent.
According to the statement, 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. It added that the order tightens reconciliation and transparency across collection, custody, and reporting.
The office stated that EO9 does not intrude into legislative competence. It said Section 60 subsection 1 preserves the procedural autonomy of the National Assembly (NASS) and that EO9 does not regulate legislative procedure, amend the Petroleum Industry Act, or repeal any statute.
It described the order as an executive instrument issued under Section 5 to ensure faithful execution of the Constitution and applicable laws.
JKNewsMedia.com also reports that the statement added that if any party disputes the constitutional validity of EO9, the judiciary remains the proper forum for determination. Pending any judicial pronouncement, it said, the Executive is duty bound to protect Federation revenues, uphold constitutional supremacy, and strengthen fiscal integrity for FAAC distributions, budget credibility, and macroeconomic stability.
