Court orders ex-NBA Chairman remanded in DSS custody over alleged cyberstalking

Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja has directed that Gabriel Nkup Tsenyen, who was at one time the Chairman of Nigeria Bar Association, NBA, Shendam Branch, in Plateau State, be kept in the custody of the Department of State Services, DSS, in Abuja.

This legal practitioner who is also a chieftain of the All Progressives Congress, APC, in Plateau State, would stay in DSS custody up until August 20, 2026, when the validity of his retrial for charges of cyberstalking and public disturbance would be determined.

Justice Abdulmalik issued the remand order on Friday when the DSS applied for the arraignment of the lawyer on a two-count charge of alleged cyberstalking and incitement.

Shortly after the lawyer was ordered into the dock for his plea to be taken, his lead counsel, Emmanuel Esene, SAN, raised objections against the arraignment.

Esene told Justice Abdulmalik that his client had already been arraigned before the Federal High Court in Abuja on the same allegations and that his trial has been fixed for September 28, 2026.

He expressed shock at the new arraignment bid and pleaded with the judge not to allow it so as to avoid double jeopardy for the lawyer.

Counsel to the DSS, Muinat Oladunjoye, from the Office of the Attorney General of the Federation and Minister of Justice, who stood for the prosecution, denied knowledge of any other similar charge against the lawyer.

The situation prompted Justice Abdulmalik to demand for a copy of the earlier charge for the purpose of record, which was promptly tendered by Esene.

Justice Abdulmalik also demanded for records of proceedings in respect of the earlier charge it could not be produced by the defense on the ground that the new charge came by surprise to them on August 13, 2026.

However, to fully ascertain the earlier arraignment on the same charge, Justice Abdulmalik ordered that records of proceedings on the earlier trial be produced before the court on August 20, 2026.

Pending the production of the record of proceedings, the judge ordered that the accused lawyer be on remand at the DSS detention facility.

The two-count charge against the lawyer read:

COUNT ONE

That you, Gabriel Nkup Tsenyen, adult, male, of Ngotuguut, Shendam, Plateau, sometime in May 2026, within the jurisdiction of this Honourable Court, did send a malicious publication via Ngootuguut local community whatsapp platform alleging that the entire Ngootuguut community was involved in a plot to eliminate you, which you know the content of the said publication to be false but send it out for the purpose of causing annoyance, insult, criminal intimidation, enmity, hatred, ill will and needless anxiety in the Ngootuguut community and thereby committed an offence contrary to and punishable under Section 24(1) of Cybercrimes (Prevention, Prohibition, etc) Act, 2015, as amended.

COUNT TWO

That you, Gabriel Nkup Tsenyen, adult, male, of Ngotuguut, Shendam, Plateau, sometime in May 2026, within the jurisdiction of this Honourable Court, did send a malicious publication via Ngootuguut local community whatsapp platform alleging that the entire Ngootuguut community was involved in a plot to eliminate you, which you know the content of the said publication to be false with intent to incite or cause breach to public peace and thereby committed an offence contrary to and punishable under Section 114 of the Penal Code Act, 2004.