The Executive Order of Bola Tinubu Upholds the Constitution, Not an Overreach – Sunday Dare

Sunday Dare, President Bola Tinubu’s Special Adviser on Media and Public Communications, has defended Executive Order 9, arguing that it does not amount to an abuse of executive authority but rather upholds constitutional revenue management provisions.

Executive Order 9 of 2026, officially known as the Presidential Executive Order to Safeguard Federation Oil and Gas Revenues and Provide Regulatory Clarity, was signed by the President last Wednesday, according to the report.

In a post shared on his official X handle on Monday, Dare addressed critics’ concerns, stating that suggestions that EO9 amounts to the President “making law” misrepresent both the Constitution and the fiscal issues involved.

He quoted Section 80(1) of the 1999 Constitution (as amended) and stated that “Section 80(1) of the Constitution (1999, as amended) 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.”

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In addition to stating that Section 162 of the Constitution mandates that all revenues owed to the Federation be deposited into the Federation Account for distribution in accordance with constitutional allocation principles, he contended that public revenue cannot legitimately be kept or used outside of constitutionally recognized funds.

“The order of legality is clear: before revenue can be appropriated, shared, or spent, it must first enter constitutionally recognized accounts,” Dare said.

He claims that by requiring the direct transfer of petroleum revenues, such as royalties, taxes, oil and gas profit, penalties, and associated receipts, into approved government accounts, EO9 only operationalizes these constitutional provisions in the oil and gas industry. Additionally, he said, the order improves transparency and reconciliation throughout the revenue collection, custody, and reporting procedures.

Dare insisted that the executive order does not change any current laws, such as the Petroleum Industry Act, or violate the National Assembly’s authority.

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“EO9 does not encroach on legislative authority. “EO9 does not regulate legislative procedure, amend the Petroleum Industry Act (PIA), or repeal any statutes; Section 60(1) maintains the National Assembly’s procedural autonomy,” he stated.

He clarified that in order to guarantee faithful execution of current laws, the directive was issued in accordance with Section 5 of the Constitution.

In order to guarantee faithful execution of the Constitution and relevant laws, it is an executive instrument issued under Section 5, Dare continued.

The presidential aide pointed out that the judiciary should settle any disagreement regarding the order’s constitutionality.

“The judiciary continues to be the appropriate forum for decision-making if any party contests the constitutionality of EO9. Pending any court ruling, the Executive has a responsibility to safeguard Federation revenues, maintain constitutional supremacy, and fortify fiscal integrity for FAAC distributions, budget credibility, and macroeconomic stability,” he said.