ABUJA — Drama unfolded at the Federal High Court on Friday as Justice Joyce Abdulmalik ordered the remand of Gabriel Nkup Tsenyen, a prominent legal practitioner and former Chairman of the Nigerian Bar Association (NBA), Shendam branch, in the custody of the Department of State Services (DSS).
The All Progressives Congress (APC) chieftain faces a fresh two-count charge brought forward by the prosecution, bordering on alleged cyberstalking and the incitement of public disturbances. He is scheduled to remain in detention until August 20, 2026, when the court will rule on the validity of the new arraignment.
The Contentions in Court
The proceedings took a contentious turn when the defendant’s lead counsel, Emmanuel Esene, SAN, vehemently objected to the arraignment. Esene argued before the bench that his client was already facing trial before the Federal High Court on the exact same allegations, with the ongoing case previously adjourned to September 28, 2026. Describing the new filing as an abuse of judicial process, the defense counsel contended that proceeding with the fresh charges would subject the defendant to double jeopardy.
Responding on behalf of the prosecution, Muinat Oladunjoye, counsel from the Office of the Attorney-General of the Federation and Minister of Justice, maintained that the state was unaware of any existing similar charges against the defendant.
To resolve the impasse, Justice Abdulmalik demanded proof of the earlier proceedings. While the defense promptly tendered a copy of the prior charge sheet, they were unable to immediately furnish certified records of proceedings, citing that the new charge had been served by surprise on August 13, 2026.
Consequently, the court ruled that the official records of the earlier trial must be presented on August 20, 2026, to enable the court to ascertain the status of the initial arraignment before taking the defendant’s plea. Pending the production of these records, the trial judge ordered that the accused lawyer remain detained at the DSS facility.
Roots of the Controversy
The charges stem from a series of digital messages allegedly transmitted in May 2026 via the Ngootuguut local community WhatsApp platform in Plateau State.
According to the two-count charge sheet:
- Count One: The prosecution alleges that Tsenyen circulated a publication claiming that the entire Ngootuguut community was plotting to eliminate him—an assertion he allegedly knew to be false. The state argues the message was disseminated to cause annoyance, insult, criminal intimidation, enmity, hatred, and needless anxiety, violating Section 24(1) of the Cybercrimes (Prevention, Prohibition, etc.) Act, 2015 (as amended).
- Count Two: The second count accuses the lawyer of distributing the same publication with the intent to incite or cause a breach of public peace, an offense contrary to Section 114 of the Penal Code Act, 2004.
The case has been adjourned to August 20, 2026, for further mention and the presentation of prior court records.
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