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…