Plateau State Lawyer Gabriel Nkup Tsenyen Faces Cyberstalking Charges

• Gabriel Nkup Tsenyen, a former Chairman of the Nigeria Bar Association's Shendam branch, was remanded in DSS custody pending a decision on his fresh arraignment.
• Tsenyen had previously been arraigned on charges of cyberstalking and incitement of public disturbances, with an earlier trial adjourned until September 28.
• The court will determine on August 20 whether the fresh charges relate to allegations for which Tsenyen had previously been arraigned.
• The case raises concerns about double jeopardy for lawyers and compliance officers in Nigeria.

However, counsel for the DSS, Muinat Oladunjoye, who appeared for the prosecution from the office of the Attorney-General of the Federation and Minister of Justice, said she was unaware of any previous charge against Tsenyen.

The remand of Gabriel Nkup Tsenyen in DSS custody has raised concerns about double jeopardy for lawyers and compliance officers. The case highlights the need for careful tracking of court proceedings to prevent multiple trials for the same allegations. Tsenyen, a former Chairman of the Nigeria Bar Association's Shendam branch, was initially arraigned on charges of cyberstalking and incitement of public disturbances. However, the DSS attempted to re-arraign him on fresh charges, sparking an objection from his lead counsel, Emmanuel Esene. Esene argued that allowing the fresh arraignment would expose Tsenyen to double jeopardy, as he had already been arraigned on the same allegations and the earlier case was adjourned for trial until September 28.

The case is governed by the Cybercrimes (Prevention, Prohibition, etc.) Act, 2015, as amended. The prosecution alleges that Tsenyen sent a malicious publication on the Ngootuguut local community WhatsApp platform, which was contrary to Section 24(1) of the Act. In count two, the prosecution alleged that the lawyer sent the same publication with intent to incite or cause breach to public peace, contrary to and punishable under Section 114 of the Penal Code Act, 2004. The court will determine on August 20 whether the fresh charges relate to allegations for which Tsenyen had previously been arraigned.

The development underscores the importance of ensuring that clients are not subjected to multiple trials for the same allegations. This requires careful tracking of court proceedings and coordination between legal teams. The case also highlights the need for clarity on the application of double jeopardy in Nigerian law, particularly in cases involving lawyers and compliance officers. As the court deliberates on August 20, stakeholders will be watching closely to see how this complex issue is resolved.

This development highlights the risk of double jeopardy for lawyers and compliance officers, emphasizing the need to carefully track court proceedings and ensure that clients are not subjected to multiple trials for the same allegations.

Source: Original reporting via The PUNCH