Kemi Pinheiro has defended President Bola Tinubu’s executive order halting revenue deductions by the Nigerian National Petroleum Company and other agencies, citing Section 315 of the 1999 Constitution.

Pinheiro argued that the transitional provisions of the Constitution give the President authority to amend existing laws to ensure they conform to constitutional provisions.

“I believe one could also argue thus: that pursuant to the provisions of the GrundNorm, particularly S.315 and its skillfully drafted provisos, the President can in fact make amendments to the law, dare I say, as he sees fit,” Pinheiro said.

He reproduced Section 315, noting that it empowers the “appropriate authority,” defined as the President, to make necessary modifications to any law to align it with the Constitution.

However, Pinheiro clarified that executive orders cannot override Acts of Parliament. “An executive order cannot override an Act of Parliament under the Constitution of the Federal Republic of Nigeria 1999 as Amended,” he said, adding that executive orders primarily direct the implementation of policies by ministries and agencies and are not themselves Acts of law.

The senior lawyer further emphasized constitutional supremacy, referencing Section 1(3) of the Constitution, and noted that if an Act of the National Assembly violates the Constitution, it should be declared null and void.

Pinheiro’s comments come amid disputes over Tinubu’s directive, which was opposed by the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), claiming the order violated the Petroleum Industry Act.

Defending the President’s move, Special Adviser Bayo Onanuga said, “PENGASSAN is focusing on PIA alone. The President’s action is based on the Nigerian Constitution, which PIA violates in allowing the deductions that the President has now stopped. PIA is not superior to our constitution.”