Court remands ex-NBA branch chairman in DSS custody

The Federal High Court in Abuja has ordered the remand of former Chairman of the Nigerian Bar Association, Shendam branch, Plateau State, Gabriel Nkup Tsenyen, in the custody of the Department of State Services pending a ruling on the legality of his proposed fresh arraignment.

Justice Joyce Abdulmalik fixed August 20 to determine whether Tsenyen, an All Progressives Congress chieftain in Plateau State, can face a fresh trial over allegations of cyberstalking and incitement to breach public peace.

The development followed an attempt by the DSS to arraign the lawyer on a fresh two-count charge.

However, after Tsenyen was called into the dock, his lead counsel, Senior Advocate of Nigeria Emmanuel Esene, objected to the proceedings.

Esene told the court that his client had already been arraigned before the same court over the same allegations and that the earlier case had been adjourned until September 28 for trial.

He argued that allowing another arraignment could expose Tsenyen to double jeopardy.

Counsel to the DSS, Muinat Oladunjoye, who represented the prosecution from the office of the Attorney-General of the Federation, said she was unaware of any previous charge against the defendant.

Following the conflicting claims, Justice Abdulmalik directed the defence to produce a copy of the earlier charge.

Esene subsequently presented the document, prompting the judge to request the record of proceedings in the previous case to establish whether Tsenyen had already been arraigned on the same allegations.

The defence said it could not immediately provide the record because the fresh charge came as a surprise on Thursday.

The judge consequently adjourned the matter until August 20 for the production and examination of the earlier court record.

Pending the determination, Tsenyen was ordered to remain in DSS custody.

The fresh charges were filed by the Director of Public Prosecutions of the Federation, Rotimi Iseoluwa Oyedepo.

In the first count, the prosecution alleged that Tsenyen, in May 2026, posted a malicious publication on the Ngootuguut local community WhatsApp platform accusing the entire community of plotting to eliminate him.

The prosecution alleged that he knew the claim to be false and circulated it with the intention of causing annoyance, insult, intimidation, hatred, ill will and anxiety within the community.

The charge was brought under Section 24(1) of the Cybercrimes (Prevention, Prohibition, etc.) Act, 2015, as amended.

In the second count, the prosecution alleged that the same publication was made with the intention of inciting or causing a breach of public peace, contrary to Section 114 of the Penal Code Act, 2004.

The court is expected to determine on August 20 whether the fresh charges concern allegations for which Tsenyen had previously been arraigned and whether another trial is legally permissible.