By Najeebullah Lawan, Esq_
19th July, 2026
On Friday, while I was seated at my workplace, a colleague approached me with a report she had read on the Daily Nigerian Online Newspaper. The story stated that President Tinubu had signed an Executive Order aimed at blocking crypto fraud and terror financing, among other objectives. She sought my clarification on what exactly an Executive Order is and whether it carries the same binding force as laws enacted by the National Assembly and assented to by the President.
I offered her an explanation, and it occurred to me that many members of the public would benefit from a clearer understanding of the subject.
Executive Orders (EOs) in Nigeria are formal directives or administrative instructions issued by the President — or state Governors, as the case may be — to direct the operations of government agencies, officials, and the executive branch. They represent a common tool for implementing policy, improving efficiency, or addressing specific issues promptly, without requiring the full legislative process.
Presidents like Muhammadu Buhari popularized their formal use in Nigeria’s democratic era, signing several and numbering them prominently from 2017, although earlier civilian presidents did not employ them as extensively in this structured form.
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These orders often address practical aspects of governance, the economy, anti-corruption efforts, and public administration. Notable examples include the Ease of Doing Business and Transparency order (EO 1 under Buhari), which mandated Ministries, Departments, and Agencies (MDAs) to publish requirements for permits, licenses, and similar processes to reduce bureaucratic bottlenecks. Other orders have covered budget and fiscal matters, such as requirements for timely budget submissions by agencies, as well as anti-corruption measures (for instance, EO 6), which sought to preserve assets linked to corruption investigations.
Subsequent administrations, including that of President Bola Tinubu, have continued to issue Executive Orders on issues ranging from revenue management to sector-specific reforms. They are typically published and gazetted in the official government gazette to ensure public notice and enforceability.
The nagging question that often arises is whether Executive Orders possess legal backing comparable to statutes. The answer is in the affirmative, but limited and conditional. Executive Orders have the force of law within the executive branch and for parties they directly bind. However, they are not equivalent to primary legislation enacted by the National Assembly or State Houses of Assembly.
They derive their authority primarily from the President’s executive powers as enshrined in Section 5(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which vests executive powers in the President. These powers are exercisable directly or through officials, subject always to the Constitution and laws made by the National Assembly. Executive Orders may also stem from specific powers granted by existing statutes, functioning as delegated or subordinate legislation.
Importantly, they must be traceable to the Constitution or an enabling law. Executive Orders cannot create new primary laws, introduce fresh criminal offences without statutory backing, or contradict constitutional provisions, including fundamental rights. Courts retain the power to review and strike down any Executive Order found to be ultra vires — that is, beyond the scope of the authority granted.
In essence, Executive Orders constitute a form of subsidiary or delegated legislation and remain subject to judicial review. When properly issued and gazetted, they are binding on government agencies and enforceable in that context. Nevertheless, they serve primarily as administrative and policy instruments rather than standalone laws applicable to the general public in the same manner as Acts of Parliament.
✍️ Najeebullah Lawan, Esq
Writes from Abuja, Nigeria and can be reached via; najeebullahlawan@gmail.com
