Hiplife musician Castro would be declared legally dead next year as he marks his 38th birthday today.

The singer and a female pillion companion disappeared during a Jet Ski cruise on the Volta River on July 6, 2014, and per the laws of the country, they can only be declared legally dead by a court after seven years.

Position of the law

That position of the law was explained to Graphic Showbiz by an entertainment lawyer, Mr Kwame Koduah Atuahene on Tuesday when Graphic Showbiz consulted him on the issue in 2014.

He said according to The Evidence Act of 1975, Section 33, a person can only be declared legally dead after seven years by a court, where the person in question has not been seen or heard from in seven years despite diligent and persistent efforts to find him.

He added that in the event the missing person left a Will, anyone who stands to derive any benefits such as spouse, parents or business partners, would have to be withheld until after seven years have elapsed.

“If there were any proceeds to be derived from joint ventures such as businesses and song collaborations that Castro has done with anyone in terms of sales and proceeds, it would still have to split jointly, this is done to ensure no one tramples on his rights,” he said.

Lawyer Atuahene, however, explained that these were presumptions and as such, if anyone could provide any facts or evidence of Castro’s availability or if he could be found before the seven years elapses, then everything would proceed as normal since he would be deemed as being alive.

Footballer and mate of Castro, Asamoah Gyan who was part of that trip to Ada took to his Twitter to wish the musician a happy birthday.

He posted: "Happy birthday bro. Hmmmmmm. May God be with you wherever you are"

Background

On July 6, 2014, Castro and Miss Janet Bandu were reported to have drowned following a jet ski accident in Ada Estuary while on holiday with the Gyan brothers. The jet ski involved in the accident was recovered on the same day of their disappearance but their bodies had not been recovered, despite a search by the police. The pair remain missing till date.

Castro

Castro De Destroyer, real name, Theophilus Tagoe, was born in 1982. His debut album, Sradenam, released in 2003, shot him to public prominence and he followed up with subsequent hit albums including Toffee, Comm Centre and African Girls.

He earned the accolade, “The Destroyer” which was attached to his Showbiz name because most of his songs became instant hits. He was also called 50 Cent by close pals due to his striking resemblance to American rapper and artiste, 50 Cent.

Castro endeared himself to many with the release of OdoPa which featured Asamoah Gyan and Kofi Kinaata.

In the year 2006, he won the Hiplife Artiste of the Year as well as the Hiplife Album of the Year at the Ghana Music Awards with his song "Toffee". At the 2011 Ghana Music Awards, he won the Best Hiplife Song of the Year which featured Asamoah Gyan with the song "African Girls".