EDITORIAL: Franklin Oritse-Muyiwa Atake (1926 – 2003)

The demise recently of the Honourable Justice Franklin Oritsemueyiwa Atake on March 1, 2003 marked the exit of a distinguished jurist, a tenacious politician and a consummate crusader.
The late Franklin Atake truly left indelible footprints everywhere he trod during his sojourn on earth. Whether as a student, a legal practitioner, a jurist, a Senator of the Federal Republic of Nigeria or as a commentator on issues of national importance, Atake came across as a man of distinction and immense stature.

Born on May 6, 1926, Atake was educated at Baptist School Sapele, St. Luke’s Church Missionary School, Sapele and Ibadan Grammar School where he passed through the tutelage of notable teachers like Michael Ajasin and Deacon E. O. Alayande.
He studied law at the University of London and Inns of Court School of Law, London and was called to the Bar in May 1954 by the Honourable Society of Lincolns Inn. By June 1954, he enrolled in Nigeria as a Barrister and Solicitor and began a meritorious private practice. That made him the four hundred and seventh (417th) person to be enrolled on the all-time list of persons enrolled to practice law in Nigeria.

Franklin Atake carved a niche for himself as a powerful and a fearless advocate for what is right. His known forte was Criminal Law on which he was an expert. He appeared in many criminal trials as a notable defence counsel before many judges of that time including Sir Adetokunbo Ademola, S. P. J. Q. Thomas, Clement de Lestang, J. and Manyo Plange, J. As one who revelled in hard work in an era when only successful lawyers made it to the Bench, it was only a matter of time before Franklin Atake opted for the magisterial bench in Lagos, then a Federal Territory.

As a Magistrate Franklin Atake, handled many cases and became well known for the speed and the sense of justice with which he dealt with cases that came before him.
At 41, he was appointed a Judge of the High Court of Justice of Midwestern Nigeria in 1967 along with other eminent judges like the Hon. Justice Victor Ovie-Whiskey, the late Hon. Justice S O Ighodaro and the Hon. Justice M A Aghoghovbia.

He was assigned to the Sapele Division to join the Hon. Justice E A Ekeruche and the Hon. Justice Robert William Rhodes-Vivour. Other brother Judges at the time of his appointment were: Hon. Justices Mason Begho (Chief Justice, Mid-West), J O Izuora, Andrews O Obaseki, Ayo Irikefe, Arthur Priest, J. Omo-Eboh and Uche Omo.

Atake served in various judicial divisions of the High Court in the MidWest which included the Benin, Warri and Agbor divisions. He handled a wide range of cases. In no time his ability, integrity and industry in the ranks of the High Court Bench became manifold. It is on record that he was quick on the uptake and had a reputation for producing good rulings and judgments almost immediately. He wrote over 70 per cent of his rulings and judgments by retiring to his chambers for a few hours and often came out with well researched verdicts that were lucid, fluent and reflecting his deep learning in law.

He was highly principled, strong willed, blunt and held fast to what he believed in.
Though Atake’s illustrious career as a jurist ended in 1977 following his voluntary retirement, he nonetheless continued to make waves in judicial circles and public glare as a famous litigant on several issues. Two of such cases in which he was a litigant set judicial precedents. In Justice F. O. M. Atake vs Chief Nelson Asigboro Afejuku, the Supreme Court of Nigeria for the first time in Nigeria’s legal Jurisprudence decided that a Judicial Officer who has ceased to be one is entitled to conduct his case in person.

He displayed versatility of character when he opted for the Senate and was elected into the Nigerian Senate on the platform of the Unity Party of Nigeria for Bendel South Sentorial District. He became a celebrity on the political turf combining acute political instinct and doggedness to defend what is right on the floor of the Senate.

His reputation soared when led the challenge against the constitutionality of the Revenue Allocation Act (Federation Account) 1981 supposedly passed by the Senate and signed into law by President Shehu Shagari. He was eventually vindicated by the Supreme Court Judgement in the case Attorney – General, Bendel State v Attorney – General, Federation & Others.

Throughout his tenure in the Senate he showed unparalleled commitment to the empowerment of the Niger Delta people through insistence on derivation principle as the basis of revenue allocation. He moved several motions in the senate for its adoption. It was a course he pursued till he died. His last major article in the media was researched piece condemning the Supreme Court ruling on the onshore/offshore dichotomy.

A man of his people, the Itsekiris, Atake was not only a trusted adviser of the Olu of Warri where he was a Chief in the council of the Olu of Warri having been named a Chief with the title Aboludero of Warri Kingdom by His Majesty Olu Erejuwa II in 1983. He was held in total awe by the Itsekiri people whose rights and interest he defended with his soul.
The nation has indeed lost a rare gem, a man of integrity, a legal icon and statesman.