The Director-General of the Budget Office of the Federation, Mr. Tanimu Yakubu, has described as “constitutional,” the recent Executive Order by President Bola Tinubu, for direct payment of oil and gas revenues into the Federation Account.

In a statement he personally issued in Abuja on Monday, Mr. Yakubu, who is also the Secretary of the Implementation Committee of EO9, said, “commentary suggesting that EO9 amounts to the President ‘making law’ misstates both the constitution and the fiscal question at issue.”

The D-G argued that EO9 was not the creation of a law, but rather enforced constitutional custody of Federation revenues.

In his words, “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.”

Mr. Yakubu cited Section 80(1) of the Constitution (1999, as amended) to buttress his position, that it was mandatory for all revenues or other moneys raised or received by the Federation to be paid into one Consolidated Revenue Fund of the Federation.

He added, “Public revenue cannot lawfully be retained, applied, or warehoused outside constitutional funds.”

The D-G also said 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.

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

“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, and by tightening reconciliation and transparency across collection, custody, and reporting.

“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.

“It is an executive instrument issued under Section 5 to ensure faithful execution of the Constitution and applicable laws.”