OBIH
V.
MBAKWE & ORS

(1984) JELR 46444 (SC)    

Supreme Court  ·  SC.10/1983 ·  13 Jan 1984 ·  Nigeria
 · 
Other Citations
(1984) All N.L.R 132 (1984) 1 S.C. 325
CORAM
MOHAMMED BELLO Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria
Core Terms Beta
section
constitution
person
first respondent
election petition
office
civil proceedings
period of office
criminal proceedings
preliminary objection
electoral act
constitution of the federal republic of nigeria
federal court of appeal
high court
competent high court
election petitions
pursuance of the process of any court
vice-president
chief williams
office of president
process of any court
provisions of sub-section
purposes of any proceedings
such office
deputy governor
high court of a state
high court of imo state
sub-section
chief f.r.a. williams
incumbent governor of imo state
legal proceedings
provisions of the constitution
second term of office
special provisions
take notice
appellate jurisdictions of the federal court of appeal
declared aim
determine election petitions
federal supreme court
following words
hearing of his appeal
jurisdiction of the high court of a region
learned counsel
ordinary civil case
proper interpretation of the constitution
question of immunity
re-election
related sections of the constitution
republican constitution
return of the first respondent

BELLO, J.S.C.(Delivering the Leading Judgment):- The first respondent was the incumbent Governor of Imo State. He stood for re-election to the office on 13th August, 1983 and won. The petitioner, who was one of the defeated candidates, filed an election petition in the High Court of Imo State on 26th August 1983 against the first respondent and 2 others complaining against the return of the first respondent. Both the High Court and the Federal Court of Appeal dismissed his petition. At the hearing of his appeal before us on 26th October 1983, a preliminary objection was taken on behalf of the first respondent that being the incumbent Governor of Imo State at the material time, the first respondent was immune from legal proceedings by section 267 of the Constitution, which provided:

"267 (1) Notwithstanding anything to the contrary in this Constitution, but subject to sub-section (2) of this section.

(a) no civil or criminal proceedings shall be instituted or continued against a perso…

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