In his petition, Mabirizi contends that the said decision amounted to Supreme Court usurping powers not granted to it under the laws of Uganda.
He argues that Presidential Elections Act does not give powers to the Supreme Court to declare a person duly elected upon withdrawal of the Petition.
But instead, such a declaration can only be made once the petition has been heard up to its conclusion which was not the case with the election petition filed by former NUP’s presidential candidate Robert Kyagulanyi.
According to Mabirizi, it doesn’t mean that when there is no one else still challenging Museveni’s victory, the court makes a declaration that he was duly elected when it did not investigate the allegations that were brought before it by Kyagulanyi in his petition which he withdrew before its logical conclusion.