- According to him, no public revenue can be lawfully retained or spent outside constitutionally recognised accounts
- He explained that Executive Order 9 is designed to enforce these existing provisions within the oil and gas sector
- Dare concluded that any challenge to the constitutionality of the directive should be settled by the courts
The Special Adviser to President Bola Tinubu on Media and Public Communications, Sunday Dare, has defended Executive Order 9, insisting that the directive aligns with constitutional provisions on revenue administration and does not amount to executive overreach.
Eko Hot Blog gathered that last Wednesday, the President signed Executive Order 9 of 2026, officially titled the Presidential Executive Order to Safeguard Federation Oil and Gas Revenues and Provide Regulatory Clarity.
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Responding to criticisms in a post on his X account on Monday, Dare argued that claims suggesting the order represents an attempt by the President to create new laws misinterpret both the Constitution and the fiscal context surrounding the directive.
He referenced Section 80(1) of the 1999 Constitution (as amended), noting that it clearly mandates that all funds generated or received by the Federation must be paid into the Consolidated Revenue Fund.
According to him, no public revenue can be lawfully retained or spent outside constitutionally recognised accounts.
He also cited Section 162, which requires that revenues accruing to the Federation be deposited into the Federation Account for distribution in line with constitutional sharing formulas.
Dare maintained that the constitutional process is straightforward: revenue must first be paid into authorised government accounts before it can be allocated or expended.
He explained that Executive Order 9 is designed to enforce these existing provisions within the oil and gas sector. The directive, he said, requires petroleum-related earnings, including royalties, taxes, profit oil and gas, penalties and other receipts, to be remitted directly into recognised public accounts.
It also introduces measures to enhance transparency, reconciliation and reporting across revenue collection and management systems.
Addressing concerns about legislative authority, Dare stressed that the order does not interfere with the powers of the National Assembly or alter any existing laws, including the Petroleum Industry Act.
He noted that Section 60(1) of the Constitution protects the legislature’s procedural independence, which EO9 does not affect.
He added that the order was issued under Section 5 of the Constitution, which empowers the President to ensure the faithful execution of laws already in place.
Dare concluded that any challenge to the constitutionality of the directive should be settled by the courts.
Until such a ruling is made, he said, the Executive has a responsibility to safeguard Federation revenues, uphold constitutional principles, and reinforce fiscal stability, particularly in relation to FAAC distributions and overall macroeconomic management.
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