The 1st respondent was incumbent Governor of Imo State. He stood for re-election to the office on 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 against the 1st respondent and 2 others complaining against the return of the 1st 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 1st respondent that being the incumbent Governor of Imo state at the material time, the 1st respondent was immune from legal proceedings by section 267 of the Constitution.