The Federal Government has defended the legality of Executive Order 9 of 2026, saying the directive was issued to protect Nigeria’s public revenue system and ensure that the constitutional process for managing petroleum income is properly followed.
In a detailed response released by the Secretariat of the Executive Order 9 Implementation Committee, the government said the directive does not violate the law and does not interfere with the provisions of the Petroleum Industry Act.
The clarification followed an article written by Eze Onyekpere and published in Blueprint Newspaper on March 9, 2026, which questioned the legality of the executive order.
The government’s response, signed by Tanimu Yakubu, Secretary of the Executive Order 9 Implementation Committee Secretariat, said the article reached conclusions about the legality of the directive without properly examining the constitutional powers of the President.
According to the statement, the argument that the existence of the Petroleum Industry Act prevents the President from issuing directives relating to petroleum revenue administration is not supported by Nigeria’s constitutional framework.
The response explained that the executive order does not cancel or alter the Petroleum Industry Act and therefore cannot be considered illegal.
“Executive Order 9 has not repealed the Petroleum Industry Act. It has not amended any provision of the Act. It has not suspended statutory obligations established by the National Assembly, nor has it attempted to legislate in place of the legislature,” the statement said.
It added that these distinctions are important because an executive order can only be considered unlawful if it changes or overrides laws made by the National Assembly.
According to the government, critics of the directive failed to show that Executive Order 9 had altered any statutory rights, duties or institutional structures created by the law.
The statement said the main argument presented by critics is that once a sector is regulated by legislation, the President can no longer issue directives that affect its administration.
However, the government said that interpretation misunderstands the nature of executive power under the Constitution.
Under Section 5 of the Constitution of the Federal Republic of Nigeria, the executive powers of the Federation are vested in the President, who is responsible for ensuring that the Constitution and all laws passed by the National Assembly are properly implemented.
The statement said this means the President is not a passive observer in the administration of laws but has the responsibility to ensure that policies and institutions operate in line with the Constitution.
“The President is not a passive observer of statutory administration. As the head of the executive branch, he bears the constitutional responsibility to ensure that laws are implemented faithfully and coherently,” the statement said.
It added that executive orders are recognised administrative tools used by governments around the world to guide the implementation of policies and coordinate the activities of government institutions.
According to the statement, the presence of legislation in a particular sector does not remove the authority of the executive branch to issue administrative directives.
“Nearly every major sector of governance operates within statutory frameworks, yet their implementation necessarily involves executive direction, policy coordination and institutional oversight,” it said.
The government also explained that an executive order only becomes unlawful if it contradicts an existing law, cancels a statutory provision or goes beyond the limits of the Constitution.
The statement maintained that none of these conditions apply to Executive Order 9.
Another issue raised in the response concerns the role of the Federation Account in Nigeria’s fiscal system.
The government said the debate over the executive order is not only about how the petroleum sector is managed but also about protecting the integrity of the Federation Account.
According to the statement, the Federation Account is a central part of Nigeria’s financial system because it is the mechanism through which revenues belonging to the federation are collected and shared among the three tiers of government.
“The integrity of the Federation Account directly affects national budgeting, fiscal transparency and macroeconomic stability,” the statement said.
It added that any administrative practice or interpretation of the law that weakens the constitutional flow of revenues into the Federation Account raises serious constitutional concerns.
In such circumstances, the government said the President has both the authority and the responsibility to act.
“Where administrative practices raise questions regarding compliance with constitutional provisions relating to revenues accruing to the Federation, the executive has the authority and responsibility to ensure that implementation remains constitutionally sound,” the statement said.
It explained that the executive branch does not have to remain inactive while waiting for court decisions or legislative amendments before addressing such issues.
According to the government, decisive action by the executive does not amount to a violation of the Constitution.
“The Constitution prohibits executive action without legal foundation; it does not prohibit executive leadership in safeguarding public revenue administration,” the statement said.
The government also addressed concerns that the directive could affect investor confidence in Nigeria’s petroleum sector.
It argued that investors are more likely to invest in environments where financial systems are transparent and where revenue administration is clear and predictable.
“Investors are not attracted to opacity, ambiguous revenue arrangements or uncertain fiscal oversight. Investment thrives in environments characterised by transparency, legal certainty and institutional clarity,” the statement said.
According to the response, strengthening the discipline around how petroleum revenues are remitted and managed will ultimately strengthen confidence in Nigeria’s financial system.
The government acknowledged that public debate about policy decisions is part of a democratic system and said Executive Order 9 is open to discussion and scrutiny.
However, it stressed that such debates must be based on accurate interpretations of the law.
“Executive Order 9 does not nullify the Petroleum Industry Act. Rather, it seeks to ensure that the implementation of the Act does not evolve in ways that undermine the constitutional framework governing the Federation’s revenues,” the statement said.
The response concluded that claims that the directive is illegal have not been proven.
It said critics have not demonstrated that the order repeals or amends existing laws, nor have they shown that the President lacks the constitutional authority to issue directives guiding the administration of public revenue.
“Until such burdens are met, the allegation of illegality remains not a legal conclusion but a polemical assertion,” the statement said.
The government therefore maintained that Executive Order 9 should be seen as a step taken to strengthen Nigeria’s public finance system.
“Executive Order 9 of 2026 is not a constitutional violation. It is a constitutional corrective designed to reinforce the integrity of Nigeria’s public revenue administration,” the statement concluded.
