Section 433: Right of person imprisoned in default to be released on paying sum and effect of part payment

(1) Where a person has been committed to prison by the court for non-payment of a sum of money adjudged to be paid by an order, the person may pay or cause to be paid to the officer in charge of the prison the sum mentioned in the warrant of commitment together with the amount of the costs, charges and expenses, if any, and the officer in charge of the prison shall receive the sums and discharge the person, unless he is in custody for some other matter.
(2) In a case where under subsection (1) of this section a sum has been received in part satisfaction of a sum due from a prisoner in consequence of the conviction of the court, the sum shall be applied:
(a) firstly, towards the payment in full or in part of any costs or damages or compensation which the court may have ordered to be paid to the complainant; and
(b) secondly, towards the payment of the fine, if any, imposed on the prisoner.
(3) Subject to the provisions of subsection (2) of this section, where an amount is paid towards a fine:
(a) the imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which the person is committed as the sum so paid towards the fine bears to the amount of the fine for which the person is liable; and
(b) the superintendent or other officer in charge of a prison in which a person who has made the part payment is confined shall as soon as practicable thereafter take the person before a court which shall:
(i) certify the amount by which the term of imprisonment originally awarded is reduced by such payment in part satisfaction, and
(ii) make such order as the circumstances require.
(4) Where, in the opinion of the superintendent or other officer, the delay occasioned by taking the person before a court is such that the person will be detained beyond the date on which he should by reason of the part payment be released, the superintendent or other officer may release the person on the day which appears to the superintendent or other officer to be the correct day, endorse the warrant accordingly and shall, as soon as practicable thereafter, inform the court of the action taken and the court shall make such order or record as the court may consider to be required in the circumstances.
(5) In reckoning:
(a) the number of days by which a term of imprisonment would be reduced under this section, the first day of imprisonment shall not be taken into account; and
(b) the sum which will secure the reduction of a term of imprisonment, fractions of a naira shall be omitted.