Here's a waveform sampled at its zero crossing points: -
Image from here.
Based on the samples taken, you'd estimate that there was no signal and that ties in with this: -
at the exact Nyquist frequency, 50 kHz, the amplitude is heavily reduced
On the other hand, if the samples happened to be offset by 90° you'd conclude that the amplitude was correct.
there seems to be a DC component
Your image shows virtually nothing (1.6 mV) but, with some waveforms there might be a residual DC offset or, it might just be some small DC value from some signal processing chain.
What is failing in the theoretical Nyquist theorem.
Nothing as far as I can see. The theorem states that the sampling frequency has theto be greater than the maximum signal frequency.