ABUJA, Nigeria — The federal government of Nigeria has defended President Bola Tinubu’s Executive Order 9, which temporarily halted revenue deductions by the Nigerian National Petroleum Company Limited (NNPCL) and other petroleum agencies, asserting that the measure aligns with the Nigerian Constitution.
The Presidency responded after the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) criticized the directive, arguing that it violated the Petroleum Industry Act (PIA). Special Adviser to the President on Information and Strategy, Bayo Onanuga, said the union’s objections reflected a misunderstanding of constitutional supremacy over ordinary legislation.
“PENGASSAN is focusing on PIA alone. The President’s action is based on the Nigerian Constitution, which PIA violates in allowing the deductions that the President has now stopped. PIA is not superior to our constitution,” Onanuga said on Monday, February 23, 2026.
The Executive Order derives authority from section 5 of the 1999 Constitution, which vests executive powers in the President for the execution and maintenance of the Constitution and federal laws. Section 44(3) of the Constitution also gives the federal government ownership and control over all minerals, mineral oils, and natural gas in Nigeria.
Onanuga emphasized that the directive seeks to restore constitutionally mandated revenue allocations to federal, state, and local governments, which the PIA of 2021 had disrupted through various deductions, charges, and fees. He said the order is necessary to prevent revenue leakages and ensure that funds due to all tiers of government are not diverted.
Meanwhile, PENGASSAN warned that halting deductions could hinder NNPCL’s operational capacity and affect contributions to the Frontier Exploration Fund, critical for hydrocarbon exploration in 2026. Concerns also emerged within the Nigerian Upstream Petroleum Regulatory Commission and other regulatory bodies.
Presidential media aide, Sunday Dare, reiterated that the Executive Order does not create new law or amend the PIA. Instead, it directs the proper remittance of petroleum revenues — including royalties, taxes, profit oil and gas, penalties, and related receipts — into constitutionally recognized accounts. “EO9 does not intrude into legislative competence,” Dare said.
However, several senior legal practitioners challenged the legality of the order. Eight Senior Advocates of Nigeria (SANs), including Lekan Ojo, Adeola Adedipe, Paul Obi, Wale Balogun, Dr. Wahab Shittu, Dr. Abiodun Layonu, Isiaka Olagunju, and Mofesomo Tayo-Oyetibo, maintained that a president cannot nullify or amend an Act of the National Assembly through an executive instrument.
President of the Nigerian Bar Association, Afam Osigwe (SAN), stressed that executive orders cannot supplant or contradict existing laws. “No, he does not. A president cannot, by executive order, modify or alter a law. A president doesn’t have the power,” Osigwe said.
Other SANs, including Shittu and Layonu, emphasized that the Constitution places executive power in the President for implementation and administration, not for altering legislation. They underlined the separation of powers, citing judicial precedents that reinforce the role of the courts in determining constitutional conflicts.
Conversely, some legal and private sector stakeholders argued that Executive Order 9 reflects constitutional fidelity rather than legislative overreach. Tayo-Oyetibo said the directive is aimed at ensuring revenue management aligns with constitutional requirements, while leaders of the Organised Private Sector, including the Director-General of the Nigeria Employers’ Consultative Association, Adewale Oyerinde, and the President of Lagos Chamber of Commerce and Industry, Leye Kupoluyi, noted that the order could enhance transparency and strengthen investor confidence.
Okay News reports that while the debate over executive authority and the Petroleum Industry Act continues, the order remains in effect, pending any judicial determination.
