Franklin Atake: Distinguished Jurist, Consummate Politician 

THE death of Retired Justice Franklin O M. Atake, on 1st March 2003 has robbed Nigeria of a distinguished jurist and commentator, a consummate politician and a versatile personality writes FRED EGBE

He was a highly committed individual, who gave everything in the service of his people, his country and his traditional ruler.

He was born in Sapele in Delta State, in a congenial and lenient age, dominated by the preponderance of basic values; inheriting in the process, a belief in order and discipline from an indulgent father and a sense of justice and compassion, from dutiful and doting mother.

After his elementary school in Sapele, he proceeded to secondary school in Ibadan, an exposure which enhanced his urbanity and maturity. The colonial administration encouraged an open society, in which merit was the only recognized vehicle for progress.
He took full advantage of what appeared fair and rewarding. At the conclusion of his secondary education, he proceeded to England, to study law.

Upon his return, he set up practice in Warri, a place, which attracted or produced, but did not always retain, distinguished professionals. This was why Franklin Atake entered the judicial service as a Magistrate in Lagos, at a time when Lagos was Federal territory. It must be emphasized that at the time of his appointment, the only acceptable credentials were ability, integrity and industry.

The belief in order, discipline and justice, were to play a significant role in the formation of his character. He treated institutions and established authority with a sense of awe and reverence, but resented very strongly, any abuse of public power or any disrespect to authority, properly constituted.

These two aspects of his character were dramatically encapsulated in his two celebrated confrontations, with his good friends and professional colleagues in the legal profession. In the Boyo case, Atake took the view that Godwin Boyo had shown open disrespect to the court. In the case of Hon. Justice Anyegbunam however, he was of the opinion that the judge was not in a position to do substantial justice in the matter before him.

It was a matter of considerable regret to him, that his motives and actions in these matters, have been misunderstood by some.

On the strength of his demonstrated grasp of principle, and on the prediction of an equally distinguished performance as a judge Atake was elevated to the higher judiciary in record time. As a judge, he could sometimes be as austere and as intimidating as either a Goddard or a Jibowu, but for most of the time he was very relaxed, displaying the occasional ebullience.

As a monarchist, he regarded traditional rulers, not just as custodians of the social and cultural values of a people, but as its corporate soul and as an embodiment of its collective mystic, an attitude which some have misconstrued, as an endorsement of the concept of divine kingship. What cannot be denied is that he was a trusted adviser of the Olu of Warri, on whose behalf he undertook many sensitive and delicate assignments. With an Urbobo father, and, an Itsekiri mother,  Atake was able to insulate himself from the parochial intransigence, that has bedevilled the relationship between the various ethnic groups in the Warri area.

Being an advocate of the Rule of Law, he had insisted repeatedly, that the problem in the Warri Area is the work of political activists, who regard political agitation, violence and intimidation as acceptable vehicles, in their demand for constitutional changes.

Although he was an admirer of Chief Festus Okotie Eboh, it was under the influence of Mr Alfred Rewane, that he was drafted into politics, and ended up being elected a UPN Senator representing the Delta South Senatorial District, in the Alhaji Shehu Shagari Administration. His decision to run for the Senate after retiring from the judiciary was in itself a wide spread surprise, but he succeeded in demonstrating his versatility of character and eventually became a political celebrity. He stood against Dr. Joseph Wayas for the Presidency of the Senate and attributed his defeat in that election, to the shameless pursuit of party advantage, by members of the NPN.

He continued with the fight against the injustice done to his people, and was able to secure the passage of the First Derivation Enactment by the Senate. It will be remembered of him that, throughout his tenure in the Senate, he showed unparalleled loyalty towards those who worked with him, and the utmost generosity towards those with whom he disagreed.

If he became disillusioned, he did not show it. He however could not conceal his astonishment and grief, as the forces of anarchy, sometimes under the direct sponsorship of those in authority, marched triumphantly, destroying every conceivable symbol of decency and legitimacy. He will be remembered not just by his people, but by all right thinking Nigerians, with considerable admiration and enormous affection.

Mr. Fred Egbe, a lawyer wrote in from Lagos