Court remands ex-NBA chairman in DSS custody

A federal high court in Abuja has ordered the remand of Gabriel Nkup Tsenyen, a former chairman of the Nigeria Bar Association's Shendam branch in Plateau State, into the custody of the Department of State Services (DSS). The decision came after a legal battle over whether Tsenyen, who is also a prominent figure in the All Progressives Congress in Plateau State, should face new charges related to cyberstalking and incitement of public disturbances. Justice Joyce Abdulmalik set August 20 as the date to decide whether the fresh arraignment is valid and whether Tsenyen can be tried again on these allegations. Tsenyen was brought before the court following an effort by the DSS to charge him with two counts involving cyberstalking and incitement to breach public peace. However, his lead counsel, Senior Advocate of Nigeria Emmanuel Esene, raised objections during the hearing. He argued that his client had already been arraigned in the same court on similar charges and that the previous case had been scheduled for trial on September 28. Esene warned that allowing the new charges would subject his client to double jeopardy, a constitutional protection against being tried twice for the same offense. Counsel for the DSS, Muinat Oladunjoye, representing the prosecution from the office of the Attorney-General of the Federation and Minister of Justice, claimed she was unaware of any prior charges against Tsenyen. This discrepancy prompted Justice Abdulmalik to request a copy of the earlier charge from the defense. Esene presented the relevant documents, prompting the judge to ask for the record of proceedings from the initial case to assess whether Tsenyen had indeed been arraigned on the same allegations. The defense informed the court that they were unable to provide the record immediately, citing that the new charges had come as a surprise on Thursday, August 13. As a result, Justice Abdulmalik ordered that the record of proceedings from the earlier trial be submitted by August 20. Until then, Tsenyen remained 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 alleges that Tsenyen sent a malicious publication on the Ngootuguut local community WhatsApp platform in May 2026, claiming that the entire community was involved in a plot to eliminate him. According to the prosecution, Tsenyen knew the publication to be false and sent it "for the purpose of causing annoyance, insult, criminal intimidation, enmity, hatred, ill will and needless anxiety" within the community. This alleged act is said to violate Section 24(1) of the Cybercrimes (Prevention, Prohibition, etc.) Act, 2015, as amended. In the second count, the prosecution claims that Tsenyen sent the same publication "with intent to incite or cause breach to public peace." This alleged offense is said to contravene and be punishable under Section 114 of the Penal Code Act, 2004. On August 20, the court will examine several key issues, including whether the new charges pertain to allegations for which Tsenyen had previously been arraigned and whether the proposed retrial is legally permissible. The outcome of this hearing will have significant implications for Tsenyen's legal standing and the broader interpretation of double jeopardy protections in Nigerian law.