Section 47: Power of the Minister to grant guarantees.
(1) Subject to the provisions of this Part, the Minister may with the approval of the Federal Executive Council, grant guarantees on behalf of any Government in the Federation.
(2) Any guarantee granted by the Minister shall be conditional upon the provision of a counter-guarantee in an amount equal to or higher than the guarantee obligation, provided that, there are no overdue obligations from the requesting Government in the Federation to the guarantor and its controlled corporations and such guarantee shall also be in compliance with the following:
(a) counter-guarantee shall only be accepted from State or Local Governments; and
(b) the counter-guarantee required by the Federal Government from State or Local Government or by State from Local Government, may consist in the appropriation of tax revenue directly collected and resulting from statutory transfers and the guarantor shall be authorised to retain such revenue and use the respective amount to repay overdue debts.
(3) In the case of foreign currency borrowing, Federal Government guarantee shall be a requirement and no State, Local Government or Federal Agency shall, on its own borrow externally.
(4) Any guarantee provided in excess of the debts limits set pursuant to section 44(1) of this Act shall be an offence.
Cite this section
Section 47, FISCAL RESPONSIBILITY ACT (2007).
https://repo.podus.ai/laws/fiscal-responsibility-act/section/47/