The English garrison in Sudan was under his command, and part of that garrison was in Fashoda. He performed the duty of raising the Egyptian flag alone before the French flag. As this incident was the conclusion of military operations in that country, and its culmination was the raising of the Egyptian flag alone, and the English garrison paying him military honors, it is an explicit acknowledgment from England before a foreign power that the conquest was achieved in the name of Egypt alone, and if it had been a joint effort, the English flag would have been raised alongside the Egyptian flag.

As for the assistance of the English garrison in the conquest of Sudan, it is considered only a matter of a guardian helping his ward to recover part of his property, which was lost due to his mismanagement. Had he followed the opinion of Abd al-Qadir Pasha and not sent the Egyptian army into Kordofan, as opposed to what Hicks Pasha saw, the army would not have perished, and Sudan would not have been lost.

Secondly, it is not a contract that is concluded between a guardian and his ward, from which the guardian derives benefit.