Court remands Shendam ex-NBA chief in DSS custody, fixes Aug. 20 to determine propriety of arraignment

By Dele Obanla

Justice Joyce Abdulmalik of the Federal High Court in Abuja has ordered the remand of former Chairman of the Nigeria Bar Association (NBA), Shendam Branch, Plateau State, Barrister Gabriel Nkup Tsenyen, in the custody of the Department of State Services (DSS).

Tsenyen, who is also a chieftain of the All Progressives Congress (APC) in Plateau State, is to remain in DSS custody pending August 20, when the court will consider whether he can be arraigned on fresh charges of alleged cyberstalking and incitement of public disturbances.

Justice Abdulmalik made the order on Friday following an application by the DSS for the arraignment of Tsenyen on a two-count charge.

The proposed arraignment, however, was immediately challenged by Tsenyen’s lead counsel, Senior Advocate of Nigeria (SAN), Emmanuel Esene.

Esene told the court that his client had previously been arraigned before the Federal High Court in Abuja on the same allegations and that the earlier case had been adjourned until September 28 for trial.

He therefore urged the court not to allow the fresh arraignment, arguing that doing so could expose his client to double jeopardy.

Counsel to the DSS, Muinat Oladunjoye, from the office of the Attorney-General of the Federation and Minister of Justice, said the prosecution was not aware of any earlier charge involving the defendant on the same allegations.

The development prompted Justice Abdulmalik to request a copy of the earlier charge from the defence.

Esene promptly tendered the document before the court.

The judge also requested the record of proceedings in the earlier case to enable the court determine whether the defendant had indeed been previously arraigned on the same allegations.

The defence, however, could not produce the record of proceedings, explaining that the fresh charge had come as a surprise to them on August 13.

Justice Abdulmalik consequently directed that the record of proceedings in the earlier case be produced before the court on August 20.

Pending the production and examination of the record, the judge ordered that Tsenyen remain in DSS custody.

The fresh charges

The two-count charge filed against Tsenyen was signed by Rotimi Iseoluwa Oyedepo, Director of Public Prosecutions of the Federation.

In the first count, the prosecution alleged that Tsenyen, in May 2026, sent a publication through the Ngootuguut local community WhatsApp platform alleging that the entire Ngootuguut community was involved in a plot to eliminate him.

The prosecution alleged that he knew the publication to be false but circulated it with the intention of causing annoyance, insult, criminal intimidation, enmity, hatred, ill will and needless anxiety within the community.

The prosecution said the alleged offence contravened Section 24(1) of the Cybercrimes (Prevention, Prohibition, etc.) Act, 2015, as amended.

In the second count, the prosecution alleged that Tsenyen circulated the same publication with the intention of inciting or causing a breach of public peace.

The prosecution said the alleged offence was contrary to and punishable under Section 114 of the Penal Code Act, 2004.

Tsenyen’s latest appearance before the Federal High Court followed the DSS’s attempt to arraign him afresh on the two allegations.

The defence has challenged the propriety of the fresh arraignment, contending that the defendant had already been arraigned on the same allegations in an earlier case before the Federal High Court and that proceedings in that matter are still pending.

The court’s decision on August 20 is therefore expected to clarify whether the fresh arraignment can proceed after the court examines the record of the earlier proceedings.