Tinubu Can Alter Existing Laws By Revenue Order – Pinheiro Declares

Senior Advocate of Nigeria, Kemi Pinheiro, has stated that the President has constitutional authority to amend or modify existing laws to ensure they align with the provisions of the 1999 Constitution of Nigeria.....KINDLY READ THE FULL STORY HERE▶

Pinheiro made the clarification on Tuesday while addressing the controversy surrounding the Executive Order issued by President Bola Tinubu, which halted oil revenue deductions by the Nigerian National Petroleum Company Limited (NNPCL) and other government agencies.

The directive has drawn criticism from various stakeholders, including the Petroleum and Natural Gas Senior Staff Association of Nigeria, which accused the President of breaching provisions of the Petroleum Industry Act through the revenue retention order.

Responding to the debate, Pinheiro cited Section 315 of the Constitution (as amended), arguing that its transitional provisions grant the President, as the “appropriate authority,” the power to modify existing laws to bring them into conformity with constitutional requirements.

He referenced Section 315(1), which provides that existing laws shall remain in effect with necessary modifications to align with the Constitution and shall be treated as Acts of the National Assembly where applicable. He also pointed to Section 315(2), which empowers the appropriate authority to make such modifications as deemed necessary or expedient.

Further explaining the term “appropriate authority,” Pinheiro cited Section 315(4)(a)(i), which defines it, in relation to federal laws, as the President.

However, while defending the President’s constitutional powers, the senior lawyer emphasized that an executive order cannot override an Act of Parliament. He explained that executive orders are binding directives typically issued to Ministries, Departments, and Agencies to implement policies and enforce existing laws, even though they are not expressly mentioned in the Constitution.

Pinheiro stressed that legislative powers are vested in the National Assembly under Section 4 of the Constitution. An Act of the National Assembly, he noted, is a law duly passed by both chambers and assented to by the President.

Anchoring his position on constitutional supremacy, he cited Section 1(3) of the Constitution, which states that any law inconsistent with its provisions is null and void to the extent of the inconsistency. He added that even an Act of the National Assembly that conflicts with the Constitution can be struck down, referencing past judicial decisions concerning provisions of the Petroleum Act.

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