Oil Revenue Row: Presidency Defend Tinubu As Senior Lawyers, PENGASSAN Disagree

Debate Deepen Over Executive Order 9 As Legal Experts Split

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Presidency don defend President Bola Ahmed Tinubu over Executive Order 9 wey stop revenue deductions by Nigerian National Petroleum Company Limited (NNPCL) and other oil agencies.

Special Adviser on Information and Strategy, Bayo Onanuga
Special Adviser on Information and Strategy, Bayo Onanuga

According to Special Adviser on Information and Strategy, Bayo Onanuga, the directive base on supremacy of the Nigerian Constitution, insisting say Petroleum Industry Act 2021 (PIA) no pass Constitution for authority.

Onanuga say critics, especially Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), focus only on PIA without considering constitutional provisions.

He argue say Section 5 of 1999 Constitution give President executive powers, while Section 44(3) vest ownership and control of minerals, oil and gas for Federal Government.

According to am, Executive Order 9 aim to restore revenue entitlements of federal, state and local governments wey PIA allegedly reduce through deductions and charges.

PENGASSAN, Senior Lawyers Disagree

PENGASSAN earlier oppose the order, warning say e fit cripple NNPCL operations and funding for statutory obligations like Frontier Exploration Fund.

Some Senior Advocates of Nigeria (SANs), including Lekan Ojo, Adeola Adedipe and others, argue say President no get power to amend or override Act of National Assembly through executive order.

President of Nigerian Bar Association (NBA), Afam Osigwe (SAN)
President of Nigerian Bar Association (NBA), Afam Osigwe (SAN)

President of Nigerian Bar Association, Afam Osigwe (SAN), also maintain say executive orders fit guide administration but cannot contradict existing law duly passed by National Assembly.

According to Osigwe, only judiciary get authority to declare any law unconstitutional.

Presidency Insist Order Legal

Another presidential aide, Sunday Dare, defend the order, citing Section 80(1) of Constitution wey mandate say all Federation revenues must enter Consolidated Revenue Fund.

He stress say Executive Order 9 no amend PIA but only operationalise constitutional provisions by directing remittance of royalties, taxes, profit oil and related receipts into proper accounts.

“Pending any judicial decision, Executive arm must protect Federation revenues,” he add.

Business Groups Back Transparency

While legal debate continue, some business leaders support the directive. Director-General of Nigeria Employers’ Consultative Association (NECA), Oyerinde, say clarity in revenue management go boost investor confidence.

President of Lagos Chamber of Commerce and Industry (LCCI), Leye Kupoluyi
President of Lagos Chamber of Commerce and Industry (LCCI), Leye Kupoluyi

President of Lagos Chamber of Commerce and Industry (LCCI), Leye Kupoluyi, also call for calm, saying transparency and consistency na key for foreign investors.

Kupoluyi describe the matter as internal restructuring between government and NNPCL, adding say joint venture partners no suppose panic.

As protests and legal arguments mount, observers say final resolution of the dispute fit depend on interpretation of Constitution and possible court action in coming weeks.

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