Feb 23 • 18:44 UTC 🌍 Africa AllAfrica

Nigeria: When the President Makes the Law - Executive Order 9, the PIA, and the Question of Who Can Stop It

The article discusses President Bola Tinubu's Executive Order No. 9, which undermines the Petroleum Industry Act by allowing direct revenue remittance from the NNPCL to the Federation Account, raising constitutional crisis questions regarding executive power in Nigeria.

On February 18, 2026, President Bola Tinubu issued Executive Order No. 9, which mandates the Nigerian National Petroleum Company Limited (NNPCL) to funnel its revenues directly to the Federation Account Allocation Committee (FAAC). This move effectively removes the company's authority to deduct revenues, fundamentally altering provisions of the Petroleum Industry Act (PIA) enacted by the National Assembly and previously signed into law by his predecessor. By doing so, the President has positioned himself in direct conflict with established legislative processes, raising concerns about the legality of his actions.

The implications of this executive order extend beyond mere policy adjustments, plunging Nigeria into a constitutional crisis. The central question revolves around whether a president can nullify or override legislation that has been validly enacted by the legislature. Legal experts assert that according to the 1999 Constitution of the Federal Republic of Nigeria, the answer is a clear 'no.' The issuance of this order has prompted debates within legal circles about the extent of executive power and the checks and balances necessary to maintain the rule of law.

Political analysts express apprehension over the broader political atmosphere in Nigeria, suggesting that the executive order may be a symptom of a weakened legislative branch. The lack of immediate legal recourse to challenge the order raises significant concerns about the future of governance and constitutional integrity in Nigeria. As the public and stakeholders grapple with these developments, the ripple effects of this executive decision may prompt both national and international scrutiny on Nigeria's democratic frameworks and the balance of power among its governing bodies.

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