Monrovia – The Liberian government now has all it takes to reengage the U.S. government on the need to free and allow the repatriation of Dr. Malachi Z. York due to the facts gathered by this paper that Criminal Court “B” recently discovered and reported to the Ministry of Foreign Affairs, through the Garlawolu & Associates Law Offices, all naturalization records on Dr. York.
Unlike what the Court has found and reported to the Foreign Affairs Ministry, a diplomatic note said to have come from the U.S. Embassy near Monrovia in 2007, rejected the Liberian government’s request to free and repatriate Dr. York, incarcerated, on grounds that he is an American citizen, under the name Dwight York at the Bureau of Prisons with Register No. 17911-054, and must serve his astronomical solitary confinement at ADMAX Prison center in the United States.
The diplomatic note which was not signed by anyone said “York is currently housed at the U.S. Penitentiary in Florence, Colorado. His sentence is expected to be completed in 2119. Mr. York is a citizen of the United States, and his sentence must be served in the United States.”
It further said “As a U.S. citizen he cannot be deported to Liberia.”
With determined minds, however, a team of lawyers consisting of Wellington Bedell and Joseph Cornormia of the Garlowalu & Associates Law Offices and most recently added to the legal team, Attorney Morris Kaba, the Garlawolu Law Offices who have for over six months now been tracking down records including receiving a January 24th 2018 certified copy of a judgement ordering the Republic of Liberia to repatriate and protect Dr. York handed down by Judge Yussif D Kaba and have been engaging government since May 1st, 2018 to find a solution to their client’s plight they think is inhumane and unjustifiable from all indications.
Their persistency in dialoguing led them to the Ministry of Foreign Affairs from where a request to Criminal Court “B” was made in order to check out records and find, if possible, documents on Dr. Malachi Kobina York’s Liberian citizenship which has long since claimed he is entitled to and deserves protection from the Liberian government against foreign arrest and incarceration as he was serving his diplomatic post in Georgia, USA at the time he was arrested in 2002.
The Ministry of Foreign Affairs on June 19, 2018 wrote Cllr. Elizabeth J. Nelson, the Court administrator at the Temple of Justice requesting her office to find Dr. York’s Liberian citizenship papers and submit them to it (MoFA) for other arrangements and determination on whether government can probe into Dr. York’s case now or not.
The letter which was signed by Cllr. Dewey Gray, Deputy Minister for Legal Affairs at the MoFA and is in the possession of this paper said “I present my compliments and have the honor to forward copies of a certificate of citizenship and an Oath of Allegiance submitted to the Ministry of Foreign Affairs by lawyers representing Dr. Malachi Z. York who is claiming Liberian citizenship for authentication.”
It further states that “The authenticity of these documents allegedly issued in 1999 by Criminal Court “B” has become an issue in determining the citizenship of Dr. York who wants the Government of Liberia to intervene on his behalf with regards to a judgment rendered against him in the United States of America.”
“In response (in part) to the MoFA’s request for Dr. York’s naturalization’s documents, Judge Korboi K. Nuta of Criminal Court “B” said in a letter signed by him that “With copies of their (Dr. York’s lawyers in Liberia) files presented us, our staff was asked to search each file to find whether there is a trace of any records presented us. Our staff reported that with the help of some records provided by the Garlawulo and Associates Law Offices, they were able to locate copies of records in other files which were inadvertently placed there.”
Judge Nuta’s letter which is dated August 1, 2018 also confirmed the presence of the Declaration of Intention Dr. York affixed his signature to as he declared his intent to naturalize as a Liberian On July 12, 1997.
Here is the Declaration of Intention:
‘I, DR. MALACHI Z. YORK ON OATH OR AFFIRMATION DECLARE THAT IT IS MY INTENTION TO SETTLE PERMANENTLY IN THE REPUBLIC OF LIBERIA AND TO BECOME A CITIZEN THEREOF, AND I DO HEREBY DECLARE BY ALLEGIANCE AND FIDELITY TO THE REPUBLIC OF LIBERIA AND RENOUNCE SAME TO ALL FOREIGN OR POWER AND PARTICULARLY TO THE UNITED STATES OF AMERICA, BEING THE FOREIGN POWER OF WHICH I AM NOW A CITIZEN OR SUBJECT.’
It was then signed by the then CLERK of CRIMINAL COURT ‘B,’ Samuel Passawe as it is stated herein: ‘GIVEN UNDER MY HAND AND SEAL OF THIS COURT THIS 12TH DAY OF JULY 1997.’
This was to successfully fulfill the requirements of the Liberian Law on Naturalization. It also falls under Title 8 of the United States Codes § 1481, Voluntary Loss of Citizenship, ‘whereas upon an American Citizen pledging allegiance and taking an OATH to a foreign nation is cause for loss of United States citizenship.’