Former NBA Shendam branch chairman, Gabriel Nkup Tsenyen, has been remanded in the custody of the Department of State Services pending a decision on the propriety of his fresh arraignment over alleged cyberstalking and incitement.
The Federal High Court in Abuja on Friday ordered that Tsenyen, a chieftain of the All Progressives Congress in Plateau State, remain in DSS custody until August 20, when the court is expected to determine whether the new charges against him can proceed.
Justice Joyce Abdulmalik gave the order after the DSS brought the former Nigeria Bar Association chairman before the court on a two-count charge bordering on cyberstalking and incitement of public disturbances.
The development followed a heated legal argument over whether Tsenyen could be arraigned afresh on allegations similar to those contained in an earlier case before the same court.
Tsenyen’s counsel, Emmanuel Esene, SAN, opposed the fresh arraignment, arguing that his client had already been charged before the court over similar allegations.
According to the defence, the earlier case is already scheduled for trial on September 28, 2026.
Esene consequently contended that subjecting Tsenyen to another arraignment over the same allegations could amount to double jeopardy.
However, the prosecution counsel, Muinat Oladunjoye, who represented the Office of the Attorney-General of the Federation, told the court that she was not aware of the alleged earlier proceedings.
The disagreement prompted Justice Abdulmalik to request the records of the purported earlier case to enable the court to establish whether the new charges were substantially similar to the previous proceedings.
The defence, however, could not immediately produce the relevant records.
Pending verification of the records, the judge ordered that Tsenyen be remanded at the DSS facility.
The prosecution alleged that Tsenyen, in May 2026, circulated a publication through a local WhatsApp platform in which he claimed that members of his community had plotted to eliminate him.
The allegation formed the basis of the cyberstalking and incitement charges against him.
The prosecution further alleged that the publication was capable of creating fear, hatred and public unrest, thereby violating provisions of the Cybercrimes Act and the Penal Code Act.
The court is expected to reconvene on August 20 to examine the records of the earlier proceedings and determine whether the fresh arraignment is legally sustainable.
The ruling will determine whether the prosecution can proceed with the new case or whether the existence of the earlier proceedings constitutes a legal bar to the fresh charges.
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