A Federal High Court sitting in Abuja has adjourned until August 20, 2026, a case involving Gabriel Nkup Tsenyen, a former Chairman of the Nigeria Bar Association (NBA), Shendam Branch in Plateau State.
The court on Friday ordered that Tsenyen, who is also a chieftain of the All Progressives Congress (APC) in Plateau State, be remanded in the custody of the Department of State Services (DSS) pending a decision on whether he can be freshly arraigned over the allegations.
Justice Joyce Abdulmalik fixed August 20 to determine whether the new charges brought against Tsenyen are the same as allegations for which he had previously been arraigned.
The development followed an attempt by the DSS to arraign the lawyer on a fresh two-count charge bordering on alleged cyberstalking and incitement of public disturbance.
However, when Tsenyen was brought before the court to take his plea, his lead counsel, Senior Advocate of Nigeria (SAN), Emmanuel Esene, objected to the fresh arraignment.
Esene argued 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.
The defence counsel therefore urged the court to reject the fresh arraignment, warning that proceeding with it could amount to double jeopardy.
In response, counsel to the DSS, Muinat Oladunjoye, appearing on behalf of the Office of the Attorney-General of the Federation and Minister of Justice, said she was not aware of any previous charge against Tsenyen.
Due to the conflicting claims, Justice Abdulmalik directed the defence to produce a copy of the earlier charge. Esene subsequently presented the document before the court.
The judge also requested the record of proceedings from the earlier case to establish whether Tsenyen had indeed been arraigned over the same allegations.
The defence explained that it could not immediately provide the record because the new charge had come unexpectedly on Thursday, August 13.
Justice Abdulmalik consequently ordered that the record of the earlier proceedings be produced at the next hearing on August 20.
Until then, the judge ordered that Tsenyen remain in DSS custody.
The fresh charges were filed by the Director of Public Prosecutions of the Federation, Rotimi Oyedepo.
In the first count, the prosecution alleged that Tsenyen, in May 2026, circulated a malicious publication on the Ngootuguut local community WhatsApp platform, claiming that members of the community were involved in a plan to eliminate him.
The prosecution alleged that Tsenyen knew the publication was false and circulated it with the intention of causing annoyance, insult, criminal intimidation, hatred, ill will and anxiety within the community.
The allegation was brought under Section 24(1) of the Cybercrimes (Prevention, Prohibition, etc.) Act, 2015, as amended.
In the second count, the prosecution accused him of sharing the same publication 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 are legally permissible and whether the former NBA chairman can be tried again over the allegations.
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