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Court Remands Ex-NBA Chairman, Gabriel in DSS Custody

A Federal High Court sitting in Abuja on Friday ordered the remand of Gabriel Nkup Tsenyen, a former Chairman of the Shendam branch of the Nigerian Bar Association in Plateau State, in the custody of the Department of State Services.

The remand order was issued by Justice Joyce Abdulmalik pending a ruling on the validity of a fresh charge preferred against the legal practitioner.

Justice Abdulmalik adjourned the matter until August 20 to deliver a ruling on whether Tsenyen, who is also a chieftain of the All Progressives Congress in Plateau State, can be subjected to a new trial involving allegations of cyberstalking and incitement of public unrest.

The court’s decision followed an attempt by the DSS to formally arraign the attorney on a fresh two-count charge bordering on alleged cyberstalking and breach of public peace.

However, immediately after the defendant stepped into the dock to take his plea, his lead counsel, Emmanuel Esene, SAN, raised a strong preliminary objection against proceeding with the fresh arraignment.

Esene informed the court that his client had previously been arraigned before the same court on virtually identical allegations, with that earlier suit already scheduled for trial on September 28.

The senior advocate consequently urged the court to refuse the new plea taking, arguing that subjecting the defendant to a second arraignment on the same set of facts would amount to double jeopardy.

Responding to the objection, the prosecution counsel, Audu Bawa, asked the court to reject the defense’s submission, contending that the fresh charge was distinct and properly brought before the court.

After listening to arguments from both legal teams, Justice Abdulmalik ruled that the court would reserve its decision on the preliminary objection until August 20.

The judge subsequently directed that the defendant be remanded in DSS custody until the adjourned date for ruling on the objection and determination of the proper court path.

Bamidele Atoyebi

Bamidele Atoyebi

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