A Federal High Court in Abuja has ordered Gabriel Nkup Tsenyen, former Chairman of the Nigerian Bar Association (NBA) Shendam branch in Plateau State and a chieftain of the All Progressives Congress, to be remanded in the custody of the Department of State Services (DSS). Justice Joyce Abdulmalik issued the remand order on Friday after DSS prosecutors brought Tsenyen before the court on a fresh two-count charge of cyberstalking and incitement to breach public peace. The hearing was adjourned to August 20.
Double Jeopardy Objection Stalls Arraignment
The arraignment hit an immediate obstacle when Tsenyen's lead counsel, Senior Advocate of Nigeria Emmanuel Esene, stood up to object the moment his client was called into the dock. Esene told the court that Tsenyen had already been arraigned before the same court on the same allegations, and that the earlier matter was already scheduled for trial on September 28. He argued that allowing the fresh arraignment to proceed would expose his client to double jeopardy.
Prosecution counsel Muinat Oladunjoye, appearing on behalf of the office of the Attorney-General of the Federation and Minister of Justice, told the court she had no knowledge of any previous charge filed against Tsenyen. Faced with the conflicting positions, Justice Abdulmalik asked the defence to produce a copy of the earlier charge. Esene brought the document forward, and the judge then requested the full record of proceedings from the earlier case to verify whether the allegations were indeed the same.
Defence Unable to Provide Full Record
The defence said it could not immediately provide the record, explaining that Thursday, August 13 was the first time it became aware of the fresh charge. The judge directed that the record be produced by August 20 and ordered Tsenyen held at the DSS detention facility in the meantime. The fresh charge was filed by the Director of Public Prosecutions of the Federation, Rotimi Iseoluwa Oyedepo.
According to count one, Tsenyen allegedly sent a false publication in May 2026 on the Ngootuguut local community WhatsApp platform, claiming the entire community was involved in a plan to kill him. The prosecution said he sent the message "for the purpose of causing annoyance, insult, criminal intimidation, enmity, hatred, ill will and needless anxiety." This count is said to be contrary to Section 24(1) of the Cybercrimes (Prevention, Prohibition, etc.) Act, 2015, as amended.
Second Count and Next Hearing
The second count alleges that he sent the same publication with the intent to incite a breach of public peace, contrary to Section 114 of the Penal Code Act, 2004. On August 20, the court will determine whether the fresh charges duplicate allegations already before the court and whether proceeding with a new trial is legally allowed.
Meanwhile, Legit.ng reported that Olubunmi Tunji-Ojo sued Emorioloye Owolemi for alleged cyberstalking at the Federal High Court in Akure. Owolemi faced a two-count charge under the amended Cybercrimes Act for menacing Facebook messages. Justice Binta Nyako allowed an investigation into the minister’s academic credentials, while Justice Joyce Abdulmalik denied a request on his NYSC certificate.
