Sunday Dare, Special Adviser to President Bola Tinubu on Media and Public Communications, has defended Executive Order 9, insisting that the directive is consistent with the 1999 Constitution and does not amount to an overreach of executive authority.
The presidential aide spoke in a post on his verified X handle on Monday, following criticism that the order amounts to the President “making law”.
President Tinubu had, last Wednesday, signed Executive Order 9 of 2026, formally titled Presidential Executive Order to Safeguard Federation Oil and Gas Revenues and Provide Regulatory Clarity.
Addressing the concerns, Dare said claims that the order violates constitutional boundaries misrepresent both the Constitution and the fiscal framework governing public revenue.
Quoting Section 80(1) of the 1999 Constitution (as amended), he said: “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.”
He added that public funds cannot be retained or applied outside constitutionally recognised accounts, noting that Section 162 of the Constitution further requires revenues accruing to the Federation to be paid into the Federation Account for distribution.
“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, Executive Order 9 only gives practical effect to existing constitutional provisions within the oil and gas sector by directing the remittance of petroleum revenues — including royalties, taxes, profit oil and gas, penalties and other related receipts — into recognised government accounts.
He said the order also strengthens reconciliation and transparency in revenue collection, custody and reporting processes.
Dare maintained that the directive does not interfere with the powers of the National Assembly and does not amend or repeal any existing law, 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 (PIA), or repeal any statute,” he said.
He explained that the order was issued pursuant to Section 5 of the Constitution.
“It is an executive instrument issued under Section 5 to ensure faithful execution of the Constitution and applicable laws,” Dare added.
The presidential aide further said any disagreement over the validity of the order should be settled 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 stated.
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