Feb 25 • 07:22 UTC 🇳🇬 Nigeria Punch

Executive Order: Constitution empowers President to amend laws — SAN

Kemi Pinheiro, a Senior Advocate of Nigeria, asserts that the President has the authority to amend laws to align them with constitutional provisions, amid controversy over President Bola Tinubu's Executive Order.

Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), has defended President Bola Tinubu's recent Executive Order, which halts revenue deductions by the Nigerian National Petroleum Company Limited, by stating that the President is constitutionally empowered to amend laws for conformity with constitutional requirements. This assertion comes in response to significant backlash from industry stakeholders such as the Petroleum and Natural Gas Senior Staff Association of Nigeria, who argue that the Executive Order violates established laws, specifically the Petroleum Industry Act.

The controversy centers around the interpretation of the Nigerian Constitution, particularly Section 315, which Pinheiro cites to bolster his argument that the President possesses the necessary authority to make such amendments. Supporters of the order, including the President's Special Adviser on Information and Strategy, Bayo Onanuga, contend that the criticisms stem from a misunderstanding of the constitutional framework, emphasizing that the President’s actions are within his rights to enforce the law as he sees necessary for the nation’s financial management.

This debate highlights the tensions between executive power and legislative authority within Nigeria, raising questions about the balance of power and the implications of executive orders on existing legal frameworks. It underscores the ongoing challenges faced by the Tinubu administration as it seeks to navigate complex legal and political landscapes while addressing the economic concerns of the country, particularly in the oil and gas sector, which is crucial for Nigeria’s economy.

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