EO9 Reinforces Constitutional Revenue Remittance, Says Information Ministry

The Federal Ministry of Information and National Orientation has clarified that Executive Order 9 (EO9) does not constitute executive lawmaking but rather enforces existing constitutional provisions governing the collection and remittance of Federation revenues, particularly in the oil and gas sector.

In a statement, the Ministry explained that EO9 is rooted in Section 80(1) of the 1999 Constitution (as amended), which mandates that all revenues accruing to the Federation must be paid into and form part of the Consolidated Revenue Fund. It stressed that public funds cannot be lawfully retained or used outside constitutionally designated accounts.

The Ministry also cited Section 162 of the Constitution, which requires that all Federation revenues be deposited into the Federation Account for distribution in line with constitutional allocation principles. Revenues must first enter recognised accounts before they can be appropriated, shared, or expended.

According to the Ministry, EO9 operationalises these provisions within the petroleum sector by directing the direct remittance of petroleum-related revenues including royalties, taxes, profit oil and gas, penalties, and other receipts into constitutionally mandated accounts. The Order also seeks to strengthen reconciliation processes and improve transparency in revenue collection, custody, and reporting.

Addressing concerns of legislative overreach, the Ministry clarified that EO9 does not regulate legislative procedures, amend the Petroleum Industry Act, or repeal any statute. It described the Order as an executive instrument issued under Section 5 of the Constitution to ensure the faithful implementation of existing laws.

The Ministry added that any party challenging the constitutional validity of EO9 is free to seek judicial interpretation. It emphasised that pending any court ruling, the Executive remains duty-bound to safeguard Federation revenues, uphold constitutional supremacy, and promote fiscal transparency in support of FAAC allocations, budget execution, and macroeconomic stability.