The Nigerian Bar Association, NBA, has declared that President Bola Tinubu lacks the constitutional authority to amend or override the Petroleum Industry Act, PIA, through an executive order.
NBA President Afam Osigwe (SAN) made the statement on Monday following the controversy over Executive Order 9, which stopped revenue deductions by the Nigerian National Petroleum Company Limited, NNPCL, and other agencies before remittance to the Federation Account.
“No, he does not. A president cannot, by executive order, modify or alter a law. A president doesn’t have the power,” Osigwe said.
The Presidency, however, defended the order, saying it is grounded in sections 5 and 44(3) of the 1999 Constitution and aims to restore revenues constitutionally due to the Federal, State, and Local Governments.
Presidential spokesman Bayo Onanuga insisted that the PIA “is not superior to our constitution” and described the order as a measure to stop deductions that undermine constitutional revenue provisions.
Senior advocates across the country have disagreed, emphasising that only the National Assembly can amend an Act, while only the courts can declare a law unconstitutional.
Senior Advocate of Nigeria, Lekan Ojo, said, “Where the law has prescribed a particular thing, the President cannot, by executive order, do the opposite. So, the President does not have the power and cannot use an executive order to amend provisions of the Petroleum Industry Act.”
Paul Obi (SAN) also stressed that the Constitution separates the powers of the executive, legislature, and judiciary, warning that the president cannot overrule an Act of Parliament through executive orders.
Wale Balogun (SAN) added that executive orders are subsidiary instruments that “must be traceable to the law at all times,” noting that inferior legislation cannot override a substantive Act of Parliament.
Dr Wahab Shittu (SAN) explained that while the Constitution declares inconsistent laws void, the determination of such inconsistency lies with the judiciary, not the executive. “Executive orders cannot override, amend or repeal provisions of an Act of the National Assembly,” he said.
Similarly, Dr Abiodun Layonu (SAN) said, “The moment an Executive Order contradicts the law, it becomes null and void to the extent of the inconsistency with the law.”
The PIA, signed into law in 2021 by former President Muhammadu Buhari, grants NNPCL operational and financial autonomy, including the right to retain certain revenues for reinvestment before remitting proceeds to the Federation Account.
While some in the private sector have welcomed the executive order as a transparency measure, the NBA and senior advocates insist any change to the Act must come through legislative amendment or judicial ruling.
Join us on our WhatsApp Platform @KOIKIMEDIA NEWS YOUR PAGE
koikimedia Bringing the World 🌎 Closer to Your Doorstep