The Federal High Court in Abuja on Friday, August 14, 2026, ordered the Department of State Services (DSS) to remand former Chairman of the Nigerian Bar Association, Shendam Branch, Gabriel Nkup Tsenyen, pending a decision on whether he can be arraigned afresh over alleged cyberstalking and incitement.
Justice Joyce Abdulmalik fixed August 20, 2026, to examine the record of an earlier case and determine whether the fresh prosecution can proceed.
The DSS had brought Tsenyen before the court on a new two-count charge when his lead counsel, Emmanuel Esene, SAN, objected to the arraignment.
Esene told the court that Tsenyen had already been arraigned over the same allegations and that the earlier matter was adjourned to September 28, 2026, for trial. He argued that a second arraignment could amount to double jeopardy.
Prosecution counsel, Muinat Oladunjoye, appearing from the Office of the Attorney-General of the Federation and Minister of Justice, said she was unaware of any previous charge against the defendant.
Justice Abdulmalik directed the defence to produce the earlier charge. Esene presented a copy, prompting the judge to request the record of proceedings from the earlier case.
The defence said the record was not immediately available because the fresh charge had only been received on Thursday, August 13.
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The judge ordered the earlier record to be produced on August 20 and directed that Tsenyen remain in DSS custody pending the determination.
The fresh charge was filed by Director of Public Prosecutions of the Federation, Rotimi Iseoluwa Oyedepo.
The prosecution alleges that Tsenyen circulated a WhatsApp publication in May 2026 claiming that the Ngootuguut community was plotting to eliminate him. It alleges that he knew the claim to be false and circulated it to cause public alarm, intimidation, hatred and ill will.
The first count was brought under Section 24(1) of the Cybercrimes (Prevention, Prohibition, etc.) Act, 2015, as amended, while the second invokes Section 114 of the Penal Code Act, 2004, over alleged incitement to breach public peace.
The fresh case follows an earlier four-count proceeding, FHC/ABJ/CR/317/2026, arising from related WhatsApp publications. That case includes allegations of conspiracy and offences under the Cybercrimes Act.
Tsenyen, an All Progressives Congress chieftain in Plateau State, has not entered a plea to the fresh charges.
The court’s examination of the earlier proceedings on August 20 will determine whether the new arraignment can proceed.