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Improving Public Debt Management

In the OIC Member Countries

115

B) Public Debt Management

Governance and Strategy Development

Legal framework

According to Section 4 Subsection 2 of the Constitution of Nigeria, the National Assembly has

the exclusive legislative power about the federal governments’ borrowing, and has in this

capacity adopted the following laws governing public debt management in Nigeria: (1) The

Debt Management Office (Establishment, etc.) Act of 2003 established the Debt Management

Office (DMO), a single, semiautonomous and professionally run agency where all public debt

management functions are centralized, with retroactive effect to August 2000. (2) The

Investments and Securities Act of 2007, in its Part XV regulates the procedure for the issuance

debt by federal, state, and local governments on national capital markets, and Part X of the

Fiscal Responsibility Act of 2007 contains general restrictions on public debt aimed at fiscal

discipline. For example, under the Fiscal Responsibility Act of 2007, Section 41 Subsection 1 a),

all tiers of government are required to borrow at concessional terms and long maturities.

However, according to Section 41 Subsection 2 of the Act, the Government may borrow from

capital markets if approved by the National Assembly. Furthermore, Section 42 Subsection 1 of

the Act provides for a general limit on public debt. (3) Other relevant legislation includes the

Treasury Bills Act, the Treasury Certificate Act, the Government Promissory Notes Act, CAP

164, and the Central Bank of Nigeria (CBN) Act 2007 (see DMO 2008 for details). The law in

Nigeria law requires the budget to accompany an appendix on contingent liabilities in the form

of tax risks and provide information on how to manage them (MoF and Public Credit 2011).

Managerial structure (incl. coordination with other policies)

Before 2000 several departments in the Ministry of Finance, the Office of the Accountant

General of the Federation and the Central Bank were responsible for debt management

functions and coordination between these departments lacked efficiency. As a result of a huge

external debt overhang (external debt amounted to about 86.4% of GDP in 2000), public debt

management was professionalized and centralized at the DMO in 2000 (Nwanko 2011). The

DMO is separated into front, middle and back offices designed to fulfill different functions,

distinguishing those offices responsible for executing transactions from those responsible for

checking compliance: The front office executes market transactions, the middle office checks

compliance and the back office administers the accounting system.

Debt reporting

The DMO also established new standards in terms of transparency. The agency regularly

publishes several documents: each year, it publishes an “Annual Report and Statement of

Accounts”, which contains an appraisal of the government’s debt management strategy, a

detailed decomposition of domestic and external public debt, as well as sustainability and risk

analyses. In addition, it prepares an annual “Debt Sustainability Analysis Report,” in which it

reviews the current debt portfolio using simulation techniques. As part of this analysis, the

DMO also derives a recommendation with regard to the borrowing limit for the upcoming

fiscal year in order for debt to stay consistent with the overall limit on the federal

government’s debt. Moreover, the DMO prepares a quadrennial “debt management strategy”

and a quinquennial “strategic plan,” both of which outline the mediumterm debt strategy.

Lastly, it also issues borrowing guidelines for all tiers of government. Nigeria has not yet

developed a framework for assessing, recording and tracking contingent liabilities.

Debt management strategy (incl. risk management)