3. At a further closed sitting, at which the Judge concerned shall not be present, the matter shall be considered, each Judge shall state his/her opinion and, if required, a vote shall be taken. 4. Any decision to suspend or remove a Judge shall be communicated to the Chairperson of the AU Commission. Rule 9 Inability to Sit, Exemption and Withdrawal 1. Any Judge who is unable to attend one or more sitting(s) of the Court shall notify the President well in advance of the sitting(s). 2. In accordance with Article 22 of the Protocol, a Judge who is a national of a State that is party to a case shall not hear that case. 3. A Judge shall also not hear cases in which the State, which nominated him/her for election, is a party. 4. No Judge shall hear any case if: a) he/she has previously acted, in relation to the case, as agent, counsel or advocate for one of the parties, or as a member of a national or international court or a commission of inquiry or in any other capacity; b) he/she has a personal interest in the case, including a spousal, parental or other close family, personal or professional relationship, or a subordinate relationship with any of the parties; c) he/she has expressed opinions publicly, through the media, in writing, through his or her public actions or otherwise, that may, objectively adversely affect his or her impartiality; d) for any other reason, his/her independence or impartiality may legitimately, be called into doubt. 5. If a Judge intends to withdraw for any of the reasons under sub-rule 4 hereof, he/she shall notify the President, who upon consideration of the request, may exempt such a Judge from participation. 6. In the event of any doubt as to the existence of a ground for withdrawal, the President or the concerned Judge shall bring this to the attention of the Court. The 10 | P a g e